93-0339

Income

Signed 8/26/93

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

 

In Re: )

) FINDINGS OF FACT,

XXXXX, ) CONCLUSIONS OF LAW,

) AND FINAL DECISION

)

) Appeal No. 93‑0339

)

) 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. Petitioner was present and represented himself. Present and representing the Auditing Division was XXXXX, Assistant Utah Attorney General.

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 periods in question are the years XXXXX and XXXXX.

3. Petitioner filed his individual income tax returns and paid the taxes in question in XXXXX. The Tax Commission assessed Petitioner two $$$$$ penalties for late payment and late filing with interest. Later, at Petitioner's request for a waiver of these penalties and interest, the Commission abated all penalties.

4. Petitioner is now requesting a waiver of the remaining interest amount.

5. Petitioner explained that in XXXXX and XXXXX he was a student and working as a physical therapy aide at the XXXXX. One of Petitioner's clients at the XXXXX was a certified public accountant who allegedly told him that he did not have to file an individual income tax return if he earned less than $$$$$ in one year.

6. For this reason, Petitioner did not file a return in XXXXX and XXXXX.

7. Petitioner thinks he received notices from the Internal Revenue Service and the state of Utah in XXXXX about the need to file his XXXXX and XXXXX returns.

8. In XXXXX, the I.R.S. again contacted Petitioner. He then filed his federal returns for XXXXX and XXXXX.

9. He later filed his state tax returns for the same years after the Tax Commission notified him. These state returns were not filed within ninety days of his federal filings.

10. Petitioner claims that he relied upon the advice of a certified public accountant when he did not initially file returns for the years XXXXX and XXXXX and, therefore, should not be responsible for any interest amounts.

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 interest associated with the individual income tax due on the years XXXXX and XXXXX in that Petitioner had the use of the money due the state for the intervening years. It is so ordered.

DATED this 26 day of August, 1993.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

Val Oveson Roger O. Tew

Chairman Commissioner

 

Joe B. Pacheco Alice Shearer

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).

 

*Since the hearing on this case, Chairman R. H. Hansen and Commissioner S. Blaine Willes have been replaced by Chairman W. Val Oveson and Commissioner Alice Shearer. Chairman Oveson and Commissioner Shearer participate in this decision after having been fully informed of the facts and circumstances regarding this case.

 

 

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