BEFORE THE UTAH STATE TAX COMMISSION
XXXXX, ) FINDINGS OF FACT,
Petitioner, ) CONCLUSIONS OF LAW,
) AND FINAL DECISION
) Appeal No. 93‑0477
AUDITING DIVISION OF THE )
UTAH STATE TAX COMMISSION, ) Account No. XXXXX
STATEMENT OF CASE
This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. Paul F. Iwasaki, Presiding Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner was XXXXX. Present and representing the Respondent 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 income tax.
2. The period in question is XXXXX.
3. The Petitioner timely filed his XXXXX income tax return.
4. Subsequent to the filing of the return, the Internal Revenue Service determined that certain income had been unreported and assessed additional tax due on the unreported income.
5. The Petitioner's representative at the hearing stated that the additional income was the result of a Caribbean Cruise which had been given to the Petitioner by his son who had been awarded the cruise as a result of business dealings.
6. The Petitioner did not challenge the IRS determination that the value of the trip was attributable as income to the Petitioner.
7. Records of the Tax Commission show that the Tax Commission was notified by the IRS of the changes to the Petitioner's XXXXX income tax return. Records further show that the Petitioner did not report such changes to the Tax Commission.
8. Notice of the additional tax due was sent to the Petitioner by way of a notice dated XXXXX. The deficiency was not paid until XXXXX. As a result of the failure to notify the Commission of the changes to the federal income tax return, the Petitioner was assessed a XXXXX percent penalty. The Petitioner was also assessed an additional XXXXX percent penalty for failure to pay the assessment within thirty days. The total penalty assessed was $$$$$. The Petitioner was also assessed interest applied at the statutorily prescribed rate.
9. The Petitioner had been relying upon his accountant to handle these matters. That accountant had since passed away. Therefore, it is unknown why the Petitioner did not notify the Commission of the change in a timely manner nor is it known why the deficiency was not paid within the thirty day period.
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
In the present case, while there may be some question as to whether the trip was a gift to the Petitioner from his son and therefore not taxable income, the Petitioner has not challenged such a finding with the Internal Revenue Service nor was sufficient information brought forth at the hearing to make such a determination. Therefore, the Tax Commission is constrained to accept the determination of the Internal Revenue Service in its determination that the value of the trip was includable as taxable income to the Petitioner. The Tax Commission does find, however, that sufficient cause exists with which to reduce the penalty to XXXXX percent for the period in question. It is so ordered.
DATED this 22 day of June, 1993.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco S. Blaine Willes
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).