BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________
In Re: ) FINDINGS OF FACT,
: CONCLUSIONS
OF LAW,
XXXXX, ) AND FINAL DECISION
:
) Appeal No.
92-1575
: Account
No. XXXXX
________________________________
STATEMENT OF CASE
This
matter came before the Utah State Tax Commission for a formal hearing on
XXXXX. Lisa L. Olpin, Presiding
Officer, heard the matter for and on behalf of the Commission. Petitioner was represented by telephone by
its former financial officer, XXXXX.
Based
upon the evidence and testimony presented at the hearing, the Tax Commission
hereby makes its:
FINDINGS OF FACT
1. The tax in question is corporate franchise
tax.
2. The period in question is the year XXXXX.
3. Petitioner filed and paid its XXXXX
corporate franchise tax on XXXXX. The
return and payment were due XXXXX.
4. Petitioner's financial officer claims that
Petitioner filed a federal extension request for XXXXX.
5. No state extension request was ever received
for the same year.
6. Petitioner had been paying the minimum tax
of $$$$$ for the years prior to XXXXX.
7. In XXXXX, however, Petitioner sold its XXXXX
plant, creating greater tax liability.
Petitioners paid $$$$$ in corporate franchise tax in XXXXX.
8. Because Petitioner did not file a state
extension, the Tax Commission assessed two, ten percent penalties, one for late
filing and the other for late payment.
9. Petitioner was late one other time in XXXXX.
10. The Commission previously waived one, ten
percent penalty.
11. Petitioner is requesting a waiver of the
remaining ten percent penalty and interest.
CONCLUSIONS OF LAW
The
Tax Commission is granted the authority to waive, reduce, or compromise
penalties and interest upon a showing of reasonable cause. (Utah Code Ann. §59-1-401(8).)
DECISION AND ORDER
Based
upon the foregoing, the Tax Commission finds that sufficient cause has been
shown which would justify a waiver of the remaining penalty associated with the
corporate franchise tax due on the year XXXXX.
Interest is not waived. It is so
ordered.
DATED
this 21st day of December, 1992.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
ABSENT
R. H. Hansen Roger
O. Tew
Chairman Commissioner
Joe B.
Pacheco S.
Blaine Willes
Commissioner Commissioner