96-2105

Income Tax

Signed 8/26/97

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

PETITIONER, :

:

Petitioners, : DECISION

:

v. :

:

AUDITING DIVISION OF THE : Appeal No. 96-2105

UTAH STATE TAX COMMISSION, :

STATE OF UTAH, : Account No. #####

:

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 adjudicative proceedings. A hearing was held on July 14, 1997. G. Blaine Davis, Administrative Law Judge, heard the matter for and on behalf of the Commission. Present and representing Petitioners was PETITIONER. Present and representing Respondent were Mr. Frank Hales and Mr. Dan Engh, from the Auditing Division.

Based upon the evidence in the file and presented at the hearing, the Commission makes its:

FINDINGS

Respondent made an audit assessment of Petitioner’s tax return based upon information received from the Internal Revenue Service. It appears that Petitioner itemized the deductions on her federal return, but took a standard deduction on her State of Utah return, whereas they were required to take the same deduction on both returns. In addition, Petitioners claimed seven exemptions on their State of Utah return, but only three exemptions on their federal return.

At the hearing, Petitioner acknowledged that the amount was probably due, and agreed to pay the amount due and stipulated that the appeal could be dismissed.

DECISION AND ORDER

Based upon the foregoing, the Commission finds, and it is hereby ordered, that the above stated appeal is hereby dismissed. It is so ordered.

DATED this 26 day of AUGUST, 1997.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

_____________________________

G. BLAINE DAVIS

Administrative Law Judge

The agency has reviewed this case and the undersigned concur in this decision.

DATED this 26 day of AUGUST, 1997.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

W. Val Oveson Richard B. McKeown

Chairman Commissioner

Joe B. Pacheco Pam Hendrickson

Commissioner Commissioner

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