92‑1982

Individual Income

Signed 2/8/93

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

In Re: )

: INFORMAL DECISION

XXXXX, )

: Appeal No. 92‑1982

)

:

) Account No. XXXXX

___________________________________

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 filed his XXXXX personal income tax return on time and received a refund therefrom. Later, the Tax Commission audited Petitioner's return because the Internal Revenue Service reported that Petitioner had additional income earned in XXXXX as well as Utah.

Petitioner later paid the tax deficiency in full on XXXXX.

Then, in XXXXX, Petitioner's XXXXX audit was amended because Petitioner apparently did not report all of the additional income. Petitioner paid the outstanding tax as a result of this second audit on XXXXX.

The Tax Commission previously waived all penalties. Petitioner is seeking a waiver of the remaining interest assessments.

DECISION AND ORDER

The Tax Commission finds sufficient cause does not exist to waive the interest associated with the personal income tax due on the year XXXXX in light of the fact that Petitioner had use of the tax money prior to the time it was finally paid to the state. It is so ordered.

DATED this 8th day of February, 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

NOTICE: You have twenty (20) days after the date of the final order to file a request for reconsideration or thirty (30) days after the date of final order to file in District Court a petition for judicial review. Utah State Tax Commission Administrative Rule R861‑5A‑l(p) and Utah Code Ann. '63‑46b‑14(3)(a).