BEFORE THE UTAH STATE TAX
COMMISSION
_________________________________
In Re: ) FINDINGS OF FACT,
: CONCLUSIONS
OF LAW,
XXXXX, ) AND FINAL DECISION
:
) Appeal No.
92-1783
: 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. Present and representing the Petitioner was
XXXXX, a certified public accountant.
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 individual income
tax.
2. The period in question is the year XXXXX.
3. Petitioner timely filed his XXXXX state
income tax return. Petitioner, however, did not submit payment.
4. Later, in XXXXX, Petitioner filed an amended
return, still reflecting an amount due in taxes.
5. In XXXXX, Petitioner paid the tax amount due
in full. He now requests a waiver of
the penalty and interest assessments.
6. Petitioner's accountant, XXXXX, testified
that Petitioner is a general contractor and had difficult years in business in
XXXXX and XXXXX. Mr. XXXXX stated that
in XXXXX, Petitioner's Utah taxable income was under $$$$$. In XXXXX, Petitioner's taxable income was
negative $$$$$.
7. According to XXXXX, Petitioner is
experiencing great financial hardship while trying to provide for his wife and
five children.
8. Petitioner's financial difficulties stem
from contracts he had with other parties who failed to pay him. For example, Petitioner had notes totaling
over $$$$$ that were never paid off as a result of business deals that had gone
sour.
9. Petitioner's company, XXXXX, is still in
business and current on its taxes per Mr. XXXXX.
10. Petitioner is requesting a waiver based on
extreme financial hardship.
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 not been
shown which would justify a waiver of the penalty and interest assessments associated
with the personal income tax due on the year XXXXX. It is so ordered.
DATED
this 12th day of March, 1993.
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