92-2316 - Corporation Franchise

 

BEFORE THE UTAH STATE TAX COMMISSION

______________________________

In Re: )

:

XXXXX ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

: AND FINAL DECISION

:

: Appeal No. 92-2316

: 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. Representing the Petitioner 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 corporate franchise tax.

2. The years in question are XXXXX, XXXXX, XXXXX and XXXXX.

3. The Tax Commission assessed Petitioner a penalty for failing to file and a penalty for failing to pay the minimum corporate franchise tax on the tax years in question. Interest was also added.

4. Petitioner's owner, XXXXX, testified that he was unaware of the need to file and pay corporate franchise tax in situations such as his where the business exists in name only and without any assets, business transactions, etc.

5. Further, XXXXX stated that he has not been receiving mail from the Tax Commission over the years. In XXXXX, he said that the Postal Service delivered him a packet of envelopes addressed to Petitioner from the Tax Commission that were years old. XXXXX then went to the Commission to resolve Petitioner's account.

6. Petitioner is requesting a waiver of the penalty and interest amounts.

7. Tax Commission records show that Petitioner filed late corporate franchise tax returns for the years XXXXX, XXXXX and XXXXX. The XXXXX return was filed in XXXXX, the XXXXX return was filed in XXXXX and the XXXXX return was filed in XXXXX.

8. Further, a line on each of the returns Petitioner filed apprised Petitioner of the corporation's responsibility to pay the $$$$$ minimum or 5% of the taxable income, whichever is greater.

9. In fact, Petitioner acknowledged the $$$$$ tax amount due on its XXXXX return.

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 late penalties assessed on each of the years in question. The penalties are not waived because Petitioner knew it had an obligation to file, but did so after deadlines had passed. Petitioner also knew (or at least, should have known) of the $$$$$ minimum corporate franchise tax as the returns themselves clearly stated this requirement. It is so ordered.

DATED this 14th day of December, 1993.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

W. Val Oveson Roger O. Tew

Chairman Commissioner

Joe B. Pacheco Alice Shearer

Commissioner Commissioner