94-1612

Corp. Fran.

Signed 2/27/95

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

XXXXX )

:

Petitioner, : ORDER

:

v. : Appeal No. 94-1612

:

COLLECTION DIVISION OF THE : Account No. XXXXX

UTAH STATE TAX COMMISSION, :

:

Respondent. : Tax Type: Corp. Fran.

_____________________________________

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 by telephone conference call was XXXXX. Present and representing Respondent was XXXXX.

Petitioner is appealing a $$$$$ penalty and $$$$$ in interest assessed for Petitioner's failure to make quarterly estimated tax payments from XXXXX through XXXXX.

At the conference Petitioner stated that it did not expect to have a liability of $$$$$ or more, that for the XXXXX XXXXX prior to the period in question Petitioner did not have a liability exceeding the $$$$$ and, further, although after the period in question it was determined that the liability did exceed the $$$$$ it was only $$$$$ over. Because of these reasons Petitioner stated that it was not obligated to make quarterly estimated tax prepayments.

At the conference Respondent agreed with Petitioner and recommended that the Commission waive the penalty. Respondent noted that Petitioner had complied with the law in effect at that time.

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 penalty of $$$$$ and interest of $$$$$ assessed for the XXXXX through XXXXX corporate franchise tax period.

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 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

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