BEFORE THE UTAH STATE TAX COMMISSION
In Re: )
) INFORMAL DECISION
) Appeal No. 93‑1419
) Account No. XXXXX
STATEMENT OF CASE
This matter is before the Utah State Tax Commission pursuant to the Administrative Procedures Act and the Commission's rules for informal proceedings. This decision is based on information contained in the Tax Commission's file.
Petitioner XXXXX asks the Commission to waive a $$$$$ late payment penalty assessed in connection with Petitioner's XXXXX income tax liability.
Petitioner filed XXXXX state and federal income tax returns on time and paid the tax due. All Petitioner's income was declared, but Petitioner relied on advice from the Internal Revenue Service and mistakenly reported some regular income as capital gains. The Internal Revenue Service discovered the error, which increased Petitioner's federal income tax liability. The IRS also notified the State Tax Commission of the change.
On XXXXX, the Tax Commission advised Petitioner of the resulting increase in Petitioner's XXXXX state income tax liability. Petitioner was instructed to pay the additional tax by XXXXX. Petitioner actually paid the tax on XXXXX.
Petitioner has filed income tax returns for all other years in a timely manner and has properly paid all tax liability.
DECISION AND ORDER
In light of the inadvertent nature of Petitioner's error, the prompt payment of the additional tax due, and Petitioner's record of compliance with income tax filing and payment requirements, the Commission finds reasonable cause exists to waive the penalty associated with Petitioner's XXXXX income tax liability. It is so ordered.
DATED this 1 day of November, 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. '63‑46b‑14(3)(a).