94-1464

Income

Signed 2/27/95

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

XXXXX

:

Petitioner, ) INFORMAL DECISION

:

v. )

:

COLLECTION DIVISION OF THE ) Appeal No. 94-1464

UTAH STATE TAX COMMISSION, :

) Account No. XXXXX

:

Respondent. ) Tax Type: Income

_____________________________________

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

Petitioner appealed the $$$$$ penalty assessed for the underpayment of individual income tax for the tax year XXXXX. The Collection Division Waivers Unit had denied Petitioner's request for a waiver or reduction.

Petitioner's representative stated that the underpayment resulted from an honest error and that this was the first time a mistake had been made. Petitioner's representative had mistakenly used the wrong tax table in determining her daughter, the Petitioner's, income taxes. Further, the amount of the underpayment was only $$$$$ and Petitioner's representative felt a $$$$$ penalty for this small amount was excessive.

At the hearing Respondent stated that the Petitioner had not show reasonable cause for a waiver or reduction of the penalty and the penalty was validly assessed according to law which allows for a $$$$$ or 10% penalty whichever is greater.

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(8).)

DECISION AND ORDER

The Tax Commission finds sufficient cause does not exist to waive the penalty associated with the individual income tax for the XXXXX tax year. It is so ordered.

DATED this 27 day of February, 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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