98-0045
Corporate Franchise
Signed 4/13/00
BEFORE THE UTAH STATE TAX
COMMISSION
____________________________________
COMPANY B :
:
Petitioner, : DECISION
:
v. :
:
COLLECTION
DIVISION OF THE : Appeal No. 98-0045
UTAH STATE TAX COMMISSION, :
STATE OF UTAH, : Account No. #####
:
Respondent. : Tax Type: Corporate Franchise
_____________________________________
STATEMENT OF CASE
This
matter came before the Utah State Tax Commission pursuant to the provisions of
Utah Code Ann. §59-1-502.5 An Initial
Hearing was held on March 17, 1998.
Gail S. Reich, Administrative Law Judge, heard the matter for and on
behalf of the Commission. Present and
representing Petitioner was PETITIONERS REP..
Present and representing Respondent was Vickie Christoffersen, from the
Collection Division.
Based
upon the evidence in the file and presented at the hearing, the Commission
makes its:
FINDINGS
This
appeal involves corporate franchise tax for 1996. A penalty was imposed as a result of improper prepayment. Originally a penalty of $$$$$ was imposed
with approximately $$$$$ of interest having accrued. After a review of the matter, the Division acknowledged a problem
with the calculation of the penalty and offered a reduction to $$$$$. Petitioner agreed to the reduction to $$$$$.
APPLICABLE LAW
The
Tax Commission is granted the authority to waive, reduce, or compromise
penalties and interest upon a showing of reasonable cause. (Utah Code Ann. §59-1-401(10).)
DECISION AND ORDER
After
a thorough review of the entire matter, the Commission finds sufficient cause
to approve the agreement between the parties to a penalty of $$$$$ with
approximately $$$$$ of interest. It is
so ordered.
This
Decision does not limit a party’s right to a Formal Hearing. Any party to this case may file 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, UT 84134
Failure
to request a Formal Hearing will preclude any further appeal rights in this
matter.
DATED
this 13 day of April, 1998.
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 13 day of April, 1998.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
W. Val
Oveson Richard
B. McKeown
Chairman Commissioner
Joe B.
Pacheco Pam
Hendrickson
Commissioner Commissioner
^^