95-0601

Income

Signed 8/10/95

 

 

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

 

XXXXX, )

:

Petitioner, ) ORDER

:

v. ) Appeal No. 95-0601

:

COLLECTIONS DIVISION OF THE )

STATE TAX COMMISSION, :

STATE OF UTAH, )

Respondent. : Tax Type: 95-0601

 

_____________________________________

 

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for an Initial Hearing pursuant to the provisions of Utah Code Ann. '59-1-502.5, on XXXXX. Gail Reich, 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 of the Collections Division.

This case involves the request for waiver of penalty of $$$$$ imposed for late payment of XXXXX income tax. Petitioner timely mailed a check on XXXXX. However, the check was returned for insufficient funds. Subsequently, Petitioner submitted another check to cover the tax deficiency.

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

Based upon the information presented at the hearing, and the records of the Tax Commission, the Commission finds sufficient cause has not been shown to waive the penalty assessed for the XXXXX income tax year.

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 10th day of August, 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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