93-2134

Corporation Franchise

Signed 5/13/94

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

XXXXX, :

:

Petitioner, : ORDER

:

v. :

:

COLLECTIONS DIVISION OF THE : Appeal No. 93-2134

UTAH STATE TAX COMMISSION, :

: Account No. XXXXX

Respondent. :

_____________________________________

STATEMENT OF CASE

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, Administrative Law Judge, heard the matter for and on behalf of the Commission. Representing the Petitioner by telephone was XXXXX, Petitioner's state tax manager.

Petitioner is requesting a waiver of the penalty assessments for the years XXXXX, XXXXX and XXXXX on corporate franchise tax.

According to Petitioner's representative, XXXXX, and Tax Commission records, Petitioner timely filed returns and/or extension requests for the years in question. At the time of filings, Petitioner also remitted the tax amounts shown on the returns.

Mr. XXXXX further explained that in subsequent years the Internal Revenue Service audited Petitioner.

At the completion of the federal audit in XXXXX, Petitioner amended its Utah returns for the years XXXXX, XXXXX and XXXXX to reflect the change in taxable income. It also remitted the proper amounts at that time and paid the interest due.

Petitioner maintains that the penalty assessment ($$$$$ total on all years) is improper under these circumstances.

Additionally, it is apparent that the Commission's computer screen information does not adequately reconcile itself with the actual documents also stored at the Commission.

DECISION AND ORDER

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 penalties assessed for the tax years XXXXX, XXXXX and XXXXX as they pertain to corporate franchise tax.

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 13th day of May, 1994.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

W. Val Oveson Roger O. Tew

Chairman Commissioner

Joe B. Pacheco Alice Shearer

Commissioner Commissioner

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