92-1837 - Income

BEFORE THE UTAH STATE TAX COMMISSION

__________________________________

In Re: )

:

XXXXX & XXXXX, ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

) AND FINAL DECISION

:

) Appeal No. 92-1837

: 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 Petitioners was XXXXX. Present and representing the Auditing Division was 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 personal income tax.

2. The period in question is the year XXXXX.

3. Petitioners timely filed their XXXXX state income tax return. They received a refund of over $$$$$ as they requested.

4. After comparing information with the Internal Revenue Service in XXXXX, the Tax Commission discovered that Petitioners had overstated the standard deduction by $$$$$.

5. In XXXXX, Petitioners were sent a letter notifying them of the audit change for XXXXX and demanding payment.

6. A ten percent negligence penalty for failure to accurately report was assessed. This penalty was later waived.

7. Petitioners paid the tax deficiency in XXXXX, thirty-seven days after the first notice. Petitioners were assessed an additional $$$$$ for late payment.

8. Petitioners are seeking a waiver of the remaining $$$$$ penalty and interest assessment.

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 $$$$$ penalty associated with the personal income tax due on the year XXXXX. Interest is not waived in that Petitioners had use of state money prior to repayment.

By way of explanation, the Tax Commission has three years to audit a taxpayer's filed personal income tax return. While Petitioners would have liked to have been notified earlier of the error, the Tax Commission has thousands of returns and does not specifically check them individually as they are filed. In this case, information from the I.R.S. caused Petitioner's return to be pulled.

DATED this 12th day of March, 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