(1) The commission shall correct a mathematical error.

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Terms Used In Utah Code 59-1-1407

  • Deficiency: means :
         (3)(a) the amount by which a tax, fee, or charge exceeds the difference between:
              (3)(a)(i) the sum of:
                   (3)(a)(i)(A) the amount shown as the tax, fee, or charge by a person on the person's return; and
                   (3)(a)(i)(B) any amount previously assessed, or collected without assessment, as a deficiency; and
              (3)(a)(ii) any amount previously abated, credited, refunded, or otherwise repaid with respect to that tax, fee, or charge; or
         (3)(b) if a person does not show an amount as a tax, fee, or charge on the person's return, or if a person does not make a return, the amount by which the tax, fee, or charge exceeds:
              (3)(b)(i) the amount previously assessed, or collected without assessment, as a deficiency; and
              (3)(b)(ii) any amount previously abated, credited, refunded, or otherwise repaid with respect to that tax, fee, or charge. See Utah Code 59-1-1402
  • mathematical error: is a s defined in Section 6213(g)(2), Internal Revenue Code. See Utah Code 59-1-1402
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
(2) The commission shall provide notice to a person if:

     (2)(a) because of a mathematical error appearing on a return, an amount of tax, fee, or charge in excess of that shown upon the return is due; and
     (2)(b) an assessment of the amount of tax, fee, or charge is or will be made on the basis of what would have been the correct amount of tax, fee, or charge but for the mathematical error.
(3) The notice required by Subsection (2):

     (3)(a) shall describe the mathematical error; and
     (3)(b) is not considered to be a notice of deficiency.
(4) For purposes of Subsection (2):

     (4)(a) there is no restriction upon the assessment and collection of an amount of tax, fee, or charge described in Subsection (2); and
     (4)(b) the person described in Subsection (2) does not have a right to:

          (4)(b)(i) file a petition to the commission on the basis of a notice provided under Subsection (2); or
          (4)(b)(ii) apply for review by a district court or the Utah Supreme Court of the determination of a mathematical error by the commission.