96-0549

Income Tax

Signed 7/9/96

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

XXXXX,

Petitioner, : INFORMAL DECISION

:

v. : Appeal No. 96-0549

:

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 pursuant to the Administrative Procedures Act and the rules of the Utah State Tax Commission for informal proceedings. As provided for by Utah Code Ann. §63-46b-5, this decision is being based solely upon the documentary evidence of record contained in the Tax Commission's file.

FINDINGS

This case involves penalty and interest imposed for the XXXXX income tax year. Petitioner filed on XXXXX. Since Petitioner did not pay 90% of the current year's tax or 100% of the prior year's tax by XXXXX, Petitioner was informed on XXXXX of a $$$$$ underpayment penalty. Petitioner was given thirty (30) days to pay. Since payment was not made until XXXXX, an additional penalty was imposed. The total penalties imposed, amount to $$$$$ and interest has accrued in the amount of approximately $$$$$.

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 has reviewed the matter and has found that sufficient cause does not exist to waive either the penalty or the interest associated with the XXXXX income tax. It is so ordered.

DATED this 9 day of July, 1996.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

W. Val Oveson Roger O. Tew

Chairman Commissioner

Joe B. Pacheco Alice Shearer

Commissioner