BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
In Re: )
: INFORMAL
DECISION
XXXXX, )
: Appeal No.
92-1726
)
: Account
No. XXXXX
_____________________________________
STATEMENT OF CASE
This
matter came before the Utah State Tax Commission pursuant to the Administrative
Procedures Act and the rules of the Utah State Tax Commission for informal
proceedings. No hearing was requested,
therefore, this decision is based upon information contained in the Tax
Commission's file.
FINDINGS
The
Petitioners timely filed their XXXXX income tax return. In doing so however, they used the short
form (TC-40S) instead of the appropriate long form (TC-40).
As
filed by the Petitioners, the return showed a tax due in the amount of $$$$$
and withholding in the amount of $$$$$.
The Petitioners submitted a check in the amount of $$$$$ with their
return to cover the balance due.
Once
received by the Operations Division, the return was "corrected". The
"corrections" determined that the Petitioners' taxable income was
$$$$$ with a computed tax of $$$$$.
This generated a refund in the amount of $$$$$ which was erroneously
paid to the Petitioners.
As
a result of information received from the Internal Revenue Service, the
erroneous refund was discovered and the Petitioners were notified by way of a
Statutory Notice of Audit Change dated $$$$$ that the correct amount of tax due
was $$$$$ and that the Petitioners were also obligated to repay the amount
previously erroneously refunded to them as well as a penalty in the amount of
$$$$$ and interest in the amount of $$$$$ as calculated to XXXXX.
By
way of subsequent Commission action, the penalty imposed was waived. The Petitioners seek a waiver of the
interest assessed.
DECISION AND ORDER
The
Tax Commission finds sufficient cause does exist to waive the interest
associated with the XXXXX income tax year.
It is so ordered.
DATED
this 28th day of September, 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