BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
In Re: )
: INFORMAL
DECISION
XXXXX, )
: Appeal No.
92-1731
)
: Account
No. XXXXX
_____________________________________
STATEMENT OF CASE
This
matter came before the Utah State Tax Commission pursuant to the Administrative
Procedures Act and the rules 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
In
preparing her XXXXX Utah individual income tax return, Petitioner erroneously
entered one half her federal adjusted gross income on line seven (7), as a
deduction from income. Petitioner
should instead have entered one half her federal tax liability. As a result of her error, she under paid her
XXXXX state income tax liability by $$$$$.
Commission staff discovered Petitioner's error by comparing her state
and federal income tax returns.
Petitioner paid the amount of additional tax immediately upon notification
of the error.
A
10% late payment penalty of $$$$$ and interest have been assessed against
Petitioner. Except for the year in
question, Petitioner has properly filed and paid her state income tax
liability.
DECISION AND ORDER
In
view of Petitioner's good record of compliance with income tax requirements,
the inadvertent nature of her error, and her prompt payment of the tax due, the
Tax Commission finds sufficient cause does exist to waive the penalty
associated with Petitioner's XXXXX income tax liability. As to the interest assessed in this matter,
such an assessment is reasonable charge for the time value of money during the
time such funds were held by Petitioner.
The Commission finds no basis to waive interest in this case. It is so ordered.
DATED
this 2nd day of October, 1992
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger
O. Tew
Chairman Commissioner
Joe B.
Pacheco S.
Blaine Willes
Commissioner