BEFORE THE UTAH STATE TAX
COMMISSION
____________________________________
In Re: )
:
XXXXX, ) FINDINGS OF FACT,
: CONCLUSIONS
OF LAW,
) AND FINAL
DECISION
:
) Appeal No.
92-1889
: 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 Petitioner was
XXXXX, office manager.
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 corporate franchise
tax.
2. The period in question is the year beginning
XXXXX through XXXXX.
3. Petitioner had been assessed a late payment
penalty that was later abated.
4. Petitioner is requesting a waiver of the
remaining interest amount.
5. Petitioner's office manager, XXXXX,
testified that Petitioner's return for the year in question was sent on XXXXX
following an extension request with a full payment check.
6. In XXXXX, Petitioner received notice from
the Tax Commission that Petitioner had not paid the tax amount due for the year
in question.
7. Petitioner learned that check number 5401
sent in with the return had not yet cleared its bank account.
8. Petitioner then sent a second check to the
Tax Commission which cleared in XXXXX.
9. Petitioner has no idea what happened to the
first check.
10. Petitioner is seeking a waiver of the
interest amount charged on its account for the period in question because 1) it is the Tax Commission's fault that the
check was lost and 2) the checking
account upon which the payment check was drawn was not an interest-bearing
account.
11. Petitioner submitted a copy of lost check #5401
and copies of other checks, showing that check #5401 was written in XXXXX in
sequential order.
12. XXXXX has verified that the checking account
from which the first check was drawn is, in fact, a non-interest-bearing
account.
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 interest associated with the
corporate franchise tax due on the year in question. Regardless of the fact that Petitioner maintained a non-interest
bearing account, Petitioner still had use of the money during this time. It is so ordered.
DATED
this 22nd day of June, 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