THE STATE TAX COMMISSION OF UTAH
Petitioner, ) FINDINGS OF FACT,
: CONCLUSIONS OF LAW
v. ) AND FINAL DECISION
COLLECTION DIVISION OF THE : Appeal No. 85 0138
STATE TAX COMMISSION OF UTAH, ) Acct. No. XXXXX
STATEMENT OF CASE
Petitioner appealed to the Utah State Tax Commission from an informal decision dated XXXXX, which decision denied Petitioner's request for waiver of penalty on withholding tax account No. XXXXX for the fourth quarter of XXXXX. A formal hearing was scheduled for XXXXX in the offices of the Utah State Tax Commission. Petitioner did not appear for that hearing but filed additional information in a letter dated XXXXX. Therefore the Tax Commission decides this matter based on the materials in the file.
l. The Utah State Withholding Tax liability for the fourth quarter of XXXXX amounted to $$$$$.
2. On XXXXX, the Petitioner issued check #XXXXX in the amount of $$$$$ to the Utah State Tax Commission. This check was payment for Petitioner's fourth quarter of XXXXX payroll tax deductions.
3. Check #XXXXX was mailed from the Petitioner's office in XXXXX, Pennsylvania, on XXXXX.
4. The check was returned to Petitioner on XXXXX, because of insufficient postage.
5. Petitioner remailed the check to the Utah State Tax Commission on XXXXX.
6. On XXXXX, Petitioner received a notice and demand for payment of tax from Utah State Tax Commission, which assessed a penalty of $$$$$ and interest of $$$$$ because the withholding tax for the fourth quarter of XXXXX was not timely filed and paid.
7. Petitioner paid the interest due of $$$$$ on XXXXX and requested a waiver of the penalty. On XXXXX the Utah State Tax Commission in an informal decision denied Petitioner's request for waiver. Petitioner then appealed to formal hearing.
CONCLUSIONS OF LAW
Respondent properly assessed a 5% per month penalty pursuant to Utah Code Ann. Section 59-14A-89(a) (1953).
Petitioner was negligent in failing to put sufficient postage on the mail containing the return and the check. However, the Tax Commission, in its discretion, hereby waives the penalty because of Petitioner's prompt action in remailing the check on the same day that the check was returned to Petitioner for insufficient postage.
It is the Decision and Order of the Utah State Tax Commission that the penalty on withholding tax account No. XXXXX for the fourth quarter of XXXXX be waived.
The Collection Division of the Utah State Tax Commission is hereby ordered to adjust its records in accordance with this decision.
DATED this 1 day of October, 1987.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis