94-1375

Income Tax

Signed 3/28/95

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

XXXXX, )

:

Petitioner, : ORDER

:

v. : Appeal No. 94-1375

:

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 was XXXXX. Present and representing Respondent was XXXXX.

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

At the conference Petitioner stated that XXXXX their finances, XXXXX. In XXXXX Petitioner stated that his accountant requested an extension. Petitioner's income tax was filed and paid in XXXXX. Petitioner stated that his accountant did not tell him he needed to pay an estimated amount.

At the hearing Respondent stated that Petitioner's extension was invalid because no estimated payment was made with the request for extension. Respondent noted that the XXXXX XXXXX was about XXXXX prior to the XXXXX filing deadline. However, Respondent said Petitioner's filing and payment history had been good prior to this point and for this reason recommenced waiving the $$$$$ late payment penalty.

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 reduce the penalties by $$$$$ to $$$$$ relating to Petitioner's income tax for XXXXX. Sufficient cause has not been shown to waive the interest.

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 28th 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

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