93-0313 INCOME

 

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

In Re: )

:

XXXXX, : FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

) AND FINAL DECISION

:

) Appeal No. 93-0313

: Account No. XXXXX

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STATEMENT OF CASE

This matter came before the Utah State Tax Commission for formal hearing on XXXXX, XXXXX. Lisa L. Olpin, Presiding Officer, heard the matter for and on behalf of the Commission. Petitioner was present and represented himself.

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 individual income tax.

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

3. Petitioner is requesting a waiver of the penalties and interest assessed on the years in question.

4. Petitioner testified that he was audited by the Internal Revenue Service in either XXXXX or XXXXX. He scheduled to meet with the I.R.S. to discuss his taxes and gathered all of his documentation in preparation for this meeting.

5. The night before his appointment with the I.R.S., however, Petitioner recalls he went to a concert at the fairgrounds. Sometime during the concert his truck was broken into and his tax records, among other personal items, turned up missing.

6. Petitioner explained that the I.R.S. had disallowed a dependent he had claimed on his taxes in XXXXX and XXXXX which altered his taxable figures. He had initially claimed his mother as a dependent since he was caring for her. He admits that he did not file an amended return with the state within ninety days of the I.R.S.'s final determination.

7. In trying to clear up his individual income tax account with the state, Petitioner met with the Tax Commission. He learned that the Commission had no record of Petitioner filing or paying individual income taxes for the years XXXXX and XXXXX. Further, the Commission had assessed Petitioner a $50 late payment penalty, a minimal negligence penalty ($$$$) and interest for XXXXX. For XXXX, the Commission assessed Petitioner another minimal negligence penalty of ($$$$) and interest.

8. Petitioner claims that he did file and pay for XXXXX and XXXXX, but that he could not prove this because his documents were lost when his truck was broken into.

9. Further, he added that he went ahead and filed for XXXXX and XXXXX per the advice of a Tax Commission employee who allegedly led Petitioner to believe that by participating in the Fresh Start program, he could get his penalties and interest abated. (The Commission had assessed Petitioner two $50 late penalties for both XXXXX and XXXXX.

10. Rather than search for old money order receipts and copies of old filings, Petitioner decided it would be easier to file his XXXXX and XXXXX returns again since there was no penalty assessment. Later, Petitioner called the Fresh Start program directly and learned that his filings under the program helped him avoid criminal prosecution, not penalty assessments.

11. At this time, Petitioner is helping to support his mother and sister. The penalties and interest are a hardship for him.

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 reducing the penalty assessment for the years XXXXX and XXXXX on individual income tax to $50 for each year. The negligence penalties assessed for the years XXXXX and XXXXX are waived. The $50 late penalty assessed for the year XXXXX is not waived. Interest is not waived. It is so ordered.

DATED this 21st 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