94-1364

Income Tax

Signed 3/22/95

 

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

XXXXX, )

:

Petitioner, : ORDER

:

v. : Appeal No. 94-1364

:

COLLECTION DIVISION OF THE : Account No. XXXXX

UTAH STATE TAX COMMISSION, :

:

Respondent. : Tax Type: Income Tax

_____________________________________

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. Jane Phan, Administrative Law Judge, heard the matter for and on behalf of the Commission. Present and representing Petitioner were XXXXX. Present and representing Respondent was XXXXX.

An assessment was made against Petitioner for penalties associated with his income taxes for the tax years XXXXX and interest in the amount of approximately $$$$$ for the XXXXX tax year, approximately $$$$$ for the XXXXX tax year and approximately $$$$$ for the XXXXX tax year. Petitioner had requested a waiver of the penalties and interest from the Collection Division Waiver Unit which did waive the penalties for the XXXXX in question. Petitioner now appeals the denial of Petitioner's request for waiver of the interest.

At the conference Petitioner stated that he was in the XXXXX during the years in question and had for the purpose of determining his federal tax liability claimed the expenses associated with this business. Subsequent to filing the tax forms for the years in question the Internal Revenue Service (IRS) determined that the Petitioner was not entitled to claim these business expenses. Petitioner fought with the IRS for XXXXX over this issue because he felt he was right. This fight was at great expense to Petitioner and took a XXXXX. In the end Petitioner paid the amount claimed by the IRS and as this affected his state taxes immediately paid the increase in state taxes for the years in question.

Petitioner stated that he still felt he was right and should have been able to deduct the expenses regardless of the IRS's determination. He stated that he could not fight anymore so he paid the additional taxes to the IRS and the Utah Tax Commission. Further, Petitioner stated that although the Collection Division Waiver Unit has waived the penalties they were only about $$$$$ (Although Respondent said they were $$$$$) and the interest was nearly $$$$$.

Respondent stated that Petitioner had not shown sufficient reasonable cause to waive the interest.

In considering Petitioner's request for waiver or reduction of the interest the Tax Commission applies stringent reasonable cause standards because Petitioner continued to enjoy the benefit of the use of the funds and the State of Utah was denied the benefit of the use of the funds from the time the underlying taxes were due until they were actually paid by Petitioner.

DECISION AND ORDER

Based upon the information presented at the conference, and the records of the Tax Commission, the Commission finds sufficient cause has not been shown to waive or reduce the interest assessed for the Petitioner's individual income taxes for the XXXXX XXXXX tax periods.

This decision does not limit a party's right to a formal hearing. However, this Decision and Order will become the Final Decision and Order of the Commission unless any party to this case files a written request within thirty (30) days of the date of this decision to proceed to a Formal Hearing. 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

210 North 1950 West

Salt Lake City, Utah 84134

Failure to request a Formal Hearing will preclude any further administrative action or appeal rights in this matter.

DATED this 22nd day of March, 1995.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

W. Val Oveson Roger O. Tew

Chairman Commissioner

Joe B. Pacheco Alice Shearer

Commissioner Commissioner