94-1373

Income

Signed 3/22/95

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

XXXXX

Petitioner, ) INFORMAL DECISION

:

v. )

:

COLLECTION DIVISION OF THE ) Appeal No. 94-1373

UTAH STATE TAX COMMISSION, :

) Account No. XXXXX

:

Respondent. ) Tax Type: Income Tax

_____________________________________

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

Based upon the evidence and testimony presented at the informal hearing, the Commission makes its:

FINDINGS

Penalties of $$$$$ and interest of approximately $$$$$were assessed against Petitioner relating to Petitioner's late filing and payment of income taxes for the tax year XXXXX. Petitioner had requested a waiver of the penalties and interest from the Collection Division Waiver Unit which was denied. The underlying amount of income tax owed by Petitioner for the XXXXX tax year was $$$$$.

At the hearing Petitioner stated that she did not work at anytime during XXXXX and her only income for that year was from state unemployment payments. Petitioner stated that she did not know that she had to file a return and pay taxes on the unemployment income and as soon as she was notified by the Tax Commission of this requirement she did so.

Respondent stated that ignorance of the law is not reasonable cause for the purpose of waiving penalties and interest. However, Respondent conceded that the penalty was excessive compared to the amount of the underlying taxes and recommended reducing the penalty to $$$$$. APPLICABLE LAW

The Tax Commission is granted the authority to waive, reduce, or compromise penalties and interest upon a showing of reasonable cause. (Utah Code Ann. '59-1-401(10).)

DECISION AND ORDER

The Tax Commission finds sufficient cause does exist to reduce the penalties from $$$$$ to $$$$$ for the Petitioner's income tax for the year XXXXX. Sufficient cause does not exist to waive the interest.

DATED this 22 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

NOTICE: You have twenty (20) days after the date of a final order to file a Request for Reconsideration with the Commission. If you do not file a Request for Reconsideration with the Commission, you have thirty (30) days after the date of a final order to file a.) a Petition for Judicial Review in the Supreme Court, or b.) a Petition for Judicial Review by trial de novo in district court. (Utah Administrative Rule R861-1A-5(P) and Utah Code Ann. ''59-1-601(1), 63-46b-13(1), 63-46b-14(3)(a).)

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