92-2375 - Corporate Franchise

BEFORE THE UTAH STATE TAX COMMISSION

_______________________________

In Re: )

:

XXXXX, ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

) AND FINAL DECISION

:

) Appeal No. 92-2375

: 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 Petitioner was XXXXX, a partner in 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 periods in question are the years XXXXX-XXXXX.

3. Petitioner filed the corporate franchise tax returns in question in XXXXX along with their respective payments. The Tax Commission assessed Petitioner two $$$$$ late penalties, one for late filing and the other for late payment plus interest, on each of the years. (For the year XXXXX, Petitioner owed only the minimum tax of $$$$$ as it went out of business in XXXXX.)

4. Prior to XXXXX, XXXXX was running her own pre-school called XXXXX, a sole proprietorship. Then, in XXXXX, she opened a second pre-school with her son and his soon-to-be wife, XXXXX, forming a pre-school and day care center called XXXXX, a business partnership.

5. Ms. XXXXX's son and XXXXX married in XXXXX. Ms. XXXXX left the new day care center to XXXXX's management while she continued running XXXXX.

6. XXXXX, however, did not handle all of the business obligations as she should have. In XXXXX, the bank notified XXXXX that liens had been filed against her account for failure to pay taxes.

7. This was the first time XXXXX became aware of XXXXX's mismanagement.

8. Throughout this time, XXXXX had been working at the center and Ms. XXXXX had no reason to suspect that XXXXX had not been paying bills, filing tax returns, etc. XXXXX had managed a pre-school before.

9. Also during this time in question, XXXXX and Ms. XXXXX's son were experiencing difficult marital problems which eventually led to their divorce. The effects of the failing marriage took an emotional toll on Ms. XXXXX and her husband as a divorce had never occurred in their family before.

10. In XXXXX, XXXXX took over the books of XXXXX and tried to straighten out the tax problems with the help of XXXXX. She learned that XXXXX had left the pre-school with thousands of dollars in debt.

11. XXXXX went out of business in XXXXX.

12. Mrs. XXXXX is requesting a waiver of the penalty and interest amounts. She provided documentation from the Internal Revenue Service showing that it had waived penalties for tax years XXXXX and XXXXX on XXXXX's XXXXX. Ms. XXXXX stated that she had given them the same information she provided at the Tax Commission hearing.

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 reduction of the penalties associated with the corporate franchise tax due on the years XXXXX-XXXXX to $$$$$ for each year. The entire penalty amounts are not waived as business partners are liable for one another's actions. The interest is not waived. It is so ordered.

DATED this 10TH day of SEPTEMBER, 1993.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

W. Val Oveson Roger O. Tew

Chairman Commissioner

Joe B. Pacheco Alice Shearer

Commissioner Commissioner