-IR- Database Guide
-IR- Database: Indiana Register

DEPARTMENT OF STATE REVENUE
01-20130362P.LOF

Letter of Findings Number: 01-20130362P
Tax Administration
For Tax Year 2012


NOTICE: Under IC § 4-22-7-7, this document is required to be published in the Indiana Register and is effective on its date of publication. It shall remain in effect until the date it is superseded or deleted by the publication of a new document in the Indiana Register. The publication of this document will provide the general public with information about the Department's official position concerning a specific issue.
ISSUE
I. Tax Administration–Penalty.
Authority: IC § IC 6-3-4-4.1(b).
Taxpayer protests the imposition of a ten percent penalty.
STATEMENT OF FACTS
Taxpayer is an Indiana resident. The Indiana Department of Revenue ("Department") determined that Taxpayer failed to file a quarterly estimated return during the tax year 2012. The Department therefore issued a proposed assessment for penalty. Taxpayer protested the imposition of the penalty. An administrative hearing was held and this letter of findings results. Further facts will be supplied as required.
I. Tax Administration–Penalty.
DISCUSSION
The Department issued proposed assessment for penalty on failure to timely file a return and remit an estimated individual income tax payment for one quarter in tax year 2012. Taxpayer protests that he received an unscheduled securities income distribution. Due to the end of year distribution of the unscheduled income, Taxpayer filed neither an estimated tax schedule nor made prepayment to the Department. However, Taxpayer did appropriately account for the unscheduled income on his Indiana individual income tax return for tax year 2012. Taxpayer protests the imposition of penalty and requests a waiver of that penalty.
The Department refers to IC § 6-8.1-10-5, which states:
In the case of an underpayment of the estimated tax as provided in Section 6654 of the Internal Revenue Code, there shall be added to the tax a penalty in an amount prescribed by IC 6-8.1-10-2.1(b).
(Emphasis added).
In this case, Taxpayer was able to establish that his failure to remit a quarterly estimated income tax payment or file a return was the result of a single unscheduled income event. Though the Department initially considered this to constitute negligence and so imposed penalties under IC § 6-8.1-10-5; as a result of the protest process, Taxpayer has affirmatively established that he acted reasonably in his efforts to comply with Indiana's tax filing requirements. The penalty will be waived.

FINDING
Taxpayer's protest is sustained.

Posted: 12/25/2013 by Legislative Services Agency

DIN: 20131225-IR-045130544NRA
Composed: Oct 21,2014 5:49:00PM EDT
A PDF version of this document.