93-1723

Corporation Franchise

Signed 1/21/94

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

In Re: )

: INFORMAL DECISION

XXXXX )

XXXXX, : Appeal No. 93-1723

)

: 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

The parties agree that Petitioner filed its XXXXX corporate franchise tax return on XXXXX without any payment included.

Petitioner explained that it forgot the minimum tax requirement of $$$$$ because Petitioner did not have any taxable income in XXXXX.

In prior years, Petitioner has always paid the $$$$$ minimum tax. In XXXXX, however, Petitioner failed to pay the minimum tax until notified by the Commission and was assessed a $$$$$ penalty. This penalty was later waived.

Petitioner is seeking a waiver of the $$$$$ negligence penalty for failure to pay for XXXXX.

DECISION AND ORDER

The Tax Commission finds sufficient cause does not exist to waive the penalty associated with the corporate franchise tax due on the tax year XXXXX since the Commission has waived this same penalty once before. Interest is not waived. It is so ordered.

DATED this 31st day of January, 1994.

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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