92-1826 - Income

BEFORE THE UTAH STATE TAX COMMISSION

____________________________

In Re:                                                                           )

                                                                                    :           INFORMAL DECISION

XXXXX,                                                                     )

                                                                                    :           Appeal No. 92-1826

                                                                                    )           Account No. XXXXX

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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

            Petitioner timely filed her XXXXX state personal income tax return and received the refund she requested.  Then, in XXXXX, the Tax Commission audited Petitioner's return and discovered that Petitioner had completed her XXXXX return in error.

            Petitioner had apparently deducted a portion of her federal adjusted gross income instead of a portion of her federal tax liability.  As a result, Petitioner owed the state over $$$$$.

            The Tax Commission sent Petitioner a notice of the audit change in XXXXX.  Petitioner paid the delinquency in XXXXX.

            A ten percent negligence penalty previously assessed was waived by the Commission earlier.  Still remaining are a $$$$$ late payment penalty and interest assessments.

            Petitioner filed a waiver request of the remaining charges in June XXXXX.  The request was denied that same month.  Petitioner's Petition for Redetermination was received in the appeals unit of the Tax Commission in October XXXXX.

            Petitioner is seeking a waiver of the penalty and interest assessments.

DECISION AND ORDER

            The Tax Commission finds sufficient cause has not been shown to justify a waiver of the single $$$$$ late payment penalty and interest assessments associated with XXXXX personal income taxes.  The $$$$$ penalty is proper in that Petitioner did not pay her taxes in full for nearly six months after receiving notice of the audit change.  The interest is not waived because of the time value of money.  It is so ordered.

            DATED this 25th day of February, 1993.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

Joe B. Pacheco                                                            S. Blaine Willes

Commissioner   Commissioner