BEFORE THE UTAH STATE TAX COMMISSION
In Re: )
: Appeal No. 93-0970
: Account No. XXXXX
STATEMENT OF CASE
This matter came before the Utah State Tax Commission for a Settlement Conference on XXXXX, pursuant to the provisions of Utah Code Ann. §59-1-502.5. Paul F. Iwasaki, Presiding Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner was XXXXX.
For the tax year XXXXX the Petitioner timely filed an extension and remitted $$$$$ with that extension.
The extension was necessary because the Petitioner is a member of limited partnership which runs a shopping center in XXXXX, Arizona and derives a significant amount of income from that source. The necessary information from that limited partnership was not available in time for the XXXXX deadline.
For the prior tax year, the Petitioner had a tax liability of $$$$$. He also had a credit for taxes paid to Arizona for that period in the amount of $$$$$. It was reasonably assumed by the Petitioner that the credit for taxes paid to Arizona would be the same for the XXXXX tax year. The actual amount of credit for taxes paid to Arizona for XXXXX, was $$$$$. Thus, the Petitioner underestimated the amount of tax which was actually due.
As a result of the erroneous estimate, the Petitioner was assessed a penalty in the amount of $$$$$ plus interest applied at the statutorily prescribed rate.
DECISION AND ORDER
In the present case, the Commission finds sufficient cause has been shown which would justify a waiver of the penalties associated with XXXXX income tax year. No reduction nor waiver in the amount of interest assessed, however, is granted.
Decision and Order will become the Final Decision and Order of the Commission
unless the parties to this case file a written request for a Formal Hearing
within ten (10) days of the date of this decision. Such a request shall be mailed to the address listed below and
must include the Petitioner's name, address, and appeal number:
Utah State Tax Commission
160 East 300 South
Salt Lake City, Utah
It is so ordered.
DATED this 17 day of December, 1993. BY ORDER OF THE UTAH STATE TAX COMMISSION.
W. Val Oveson Roger O. Tew
Joe B. Pacheco Alice Shearer
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 the
final order to file in District Court a petition for judicial review. Utah
State Tax Commission Administrative Rule R861-5A-1(p) and Utah Code Ann.