93-1665

Corporation Franchise

Signed 12/23/93

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

In Re: )

: INFORMAL DECISION

XXXXX )

XXXXX, : Appeal No. 93-1665

)

: Account No. XXXXX

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission pursuant to the Administrative Procedures Act and the rules of the Utah State Tax Commission for informal proceedings. As provided for by Utah Code Ann. '63-46b-5, this decision is based upon information contained in the Tax Commission's file.

FINDINGS

Petitioner filed its XXXXX corporate franchise tax on time. With the return, it submitted a $$$$$ payment. Since this amount was less than the $$$$$ minimum amount due, the Commission assessed Petitioner another $$$$$ in taxes, interest and a $$$$$ penalty.

Petitioner's accounting firm wrote that it had computed Petitioner's corporate franchise tax at 5% of the taxable income which gave a tax amount due of $$$$$. Due to oversight, the firm reported this amount due rather than the minimum amount of $$$$$.

Petitioner's certified public accountant is requesting a waiver of the $$$$$ penalty, contending that a clerical error is to blame.

Petitioner's account history shows that it has reported the minimum tax of $$$$$ in previous years.

DECISION AND ORDER

The Tax Commission finds sufficient cause does exist to waive the penalty associated with the corporate franchise tax due on the year $$$$$. Interest is not waived. It is so ordered.

DATED this 21st day of December, 1993.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

W. 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 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).

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