Signed 2/28/94





In Re: )



: Appeal No. 93-1421


: Account No. XXXXX




This matter came before the Utah State Tax Commission for a Settlement Conference pursuant to the provisions of Utah Code Ann. '59-1-502.5, on XXXXX, Lisa L. Olpin, Presiding Officer, heard the matter for and on behalf of the Commission. Representing Petitioner was XXXXX, Petitioner's wife.

According to Tax Commission files, Petitioner earned income in XXXXX in tax year XXXXX. There was confusion on the part of Petitioner as to how to file and report this out of state earned income.

The Commission audited Petitioner's XXXXX return twice. The first audit dated XXXXX showed that Petitioner owed $$$$$ in Utah state income tax. Penalties and interest were assessed also.

On XXXXX Petitioner paid $$$$$ on his XXXXX account. According to Petitioner's wife, this amount was paid with the understanding that it would zero out this account. Mrs. XXXXX testified that Commission employee, XXXXX, told her that if Petitioner submitted this amount, it would cover the liability in full.

According to Tax Commission records, Petitioner's $$$$$ payment, coupled with other credits and refunds from intervening years, totalled the exact amount of tax owed pursuant to this first audit, exclusive of penalty ($$$$$)[1] and interest ($$$$$).

Then, on XXXXX, an amended audit was completed which gave a tax amount owing for XXXXX at $$$$$.[2] The Commission recomputed Petitioner's penalty and interest amounts. A single ten percent negligence penalty in the amount of $$$$$ was waived; a remaining penalty for late payment in the amount of $$$$$ was not.

Petitioner understood that his payment of $$$$$ was sufficient to resolve his balance with the Commission, however, in early XXXXX he received a notice stating that there was still a balance due. According to Commission records, the Commission billed Petitioner on XXXXX demanding payment by XXXXX. Petitioner, however, had submitted a request for waiver of penalties and interest on XXXXX. The waiver request was denied XXXXX. Petitioner paid the balance of $$$$$ on XXXXX.

Commission employee Mr. XXXXX sent Petitioner two letters in XXXXX describing the waiver process on the penalty and interest amounts, informing him that the Commission would consider the request in due time now that Petitioner had paid the full tax amount due.

Petitioner maintains that he paid his obligation to the state in its entirety back in XXXXX with his $$$$$ check. He is requesting a waiver of the $$$$$ amount he paid above this amount.


Based upon the information presented at the conference, and the records of the Tax Commission, the Commission finds sufficient cause has been shown to waive the remaining penalty amount of $$$$$. The $$$$$ legal fee is not waived. the Collection Division is ordered to recompute the interest to XXXXX.

This Decision and Order will become the Final Decision and Order of the Commission unless any party to this case files 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

Appeals Division

160 East 300 South

Salt Lake City, Utah 84134


It is so ordered.

DATED this 28th day of February, 1994.


W. Val Oveson Roger O. Tew

Chairman Commissioner


Joe B. Pacheco Alice Shearer

Commissioner Commissioner




    [1]The penalty amount is two 10% percent penalties assessed for 1)negligence and 2) late payment. An additional $20 was added in legal fees.

    [2]This amended audit allowed Petitioner certain deductions he had claimed previously. The deductions had earlier been denied for lack of sufficient verification.