97-0130
INCOME
Signed 5/1/97
BEFORE THE UTAH STATE TAX
COMMISSION
____________________________________
PETITIONER, )
:
Petitioner, ) DECISION
:
v. )
:
COLLECTION DIVISION
OF THE ) Appeal
No. 97-0130
UTAH STATE TAX
COMMISSION, :
) 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
April 17, 1997. Gail S. Reich,
Administrative Law Judge, heard the matter for and on behalf of the
Commission. Present and representing
Petitioner was PETITIONER. Present and
representing Respondent was Laurie Allred of the Collection Division.
Based upon the
evidence in the file and presented at the hearing, the undersigned makes the
following:
FINDINGS
This appeal
involves $$$$$ of penalties imposed for underpayment and late payment of 1995
income tax. Approximately $$$$$ of
interest has accrued. The Division has
indicated that this constitutes first time error for this taxpayer and
recommends waiver of the penalty. No
recommendation was made to waive the interest since the Petitioner and not the
Respondent had the benefit of the funds during the interim period.
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
Based upon the
foregoing, it is hereby determined that sufficient cause does exist to waive
the penalty but not the interest associated with the period in issue.
DATED this 1 day of
MAY, 1997.
BY ORDER OF THE
UTAH STATE TAX COMMISSION.
_____________________________
GAIL S. REICH
ADMINISTRATIVE LAW
JUDGE
The agency has
reviewed this case and the undersigned concur in this decision.
DATED this 1 day of
MAY, 1997.
BY ORDER OF THE
UTAH STATE TAX COMMISSION.
W. Val Oveson Richard B. McKeown
Chairman Commissioner
Joe B. Pacheco Alice Shearer
Commissioner Commissioner
^^