93-0195

Income

Signed 2/25/93

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

In Re: )

) INFORMAL DECISION

XXXXX, )

) Appeal No. 93‑0195

) 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 timely filed and paid his XXXXX state personal income tax return and received the refund he requested. Then, in XXXXX, the Tax Commission audited Petitioner's return and discovered that Petitioner had completed his XXXXX return in error.

Petitioner had apparently deducted a portion of his federal adjusted gross income instead of a portion of his federal tax liability. As a result, Petitioner owed the state nearly $$$$$.

The Tax Commission sent Petitioner a notice of the audit change in XXXXX Petitioner paid the delinquency in XXXXX.

A ten percent negligence penalty previously assessed was waived by the Commission earlier. Still remaining are a $$$$$ late payment penalty and interest assessments.

Petitioner filed a waiver request of the remaining charges in XXXXX. The request was denied that same month. Petitioner's Petition for Redetermination was received in the appeals unit of the Tax Commission in XXXXX.

Petitioner is seeking a waiver of the penalty and interest assessments.

DECISION AND ORDER

The Tax Commission finds sufficient cause has not been shown to justify a waiver of the single $$$$$ late payment penalty and interest assessments associated with the XXXXX personal income taxes. The $$$$$ penalty is proper in that Petitioner did not pay his taxes in full for nearly six months after receiving notice of the audit change. The interest is not waived because of the time value of money. It is so ordered.

DATED this 25 day of February, 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

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 Supreme Court a Petition for Judicial Review. Utah Code Ann. ''63-46b-13(1), 63-46b-14(2)(a).

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