86-0221 - Individual Income

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

:

Petitioner, )

:

v. ) INFORMAL DECISION

:

)

COLLECTION DIVISION OF THE : Appeal No. 86 0221

STATE TAX COMMISSION OF UTAH, ) Acct. No. XXXXX

:

Respondent. )

_____________________________________

STATEMENT OF CASE

This is an appeal to the Utah State Tax Commission from a decision of the Collection Division of the Utah State Tax Commission (Respondent) to assess penalty and interest on individual income tax account No. XXXXX for the tax year XXXXX. An Informal Hearing was held on XXXXX in the offices of the Utah State Tax Commission. James E. Harward, Hearing Officer, heard the matter for the Tax Commission. XXXXX represented herself. Respondent did not appear.

Petitioner stated that she was an employee of XXXXX from XXXXX to XXXXX. For XXXXX and XXXXX XXXXX had withheld taxes, but did not withhold any taxes for the tax year XXXXX, in spite of Petitioner's request for XXXXX to withhold taxes. Petitioner stated that the position of XXXXX is that XXXXX needed to pay bills, obligations, and other taxes first before withholding taxes from Petitioner's account. The tax due and owing for the tax year XXXXX was $$$$$. Petitioner obtained a loan in June of XXXXX and paid the tax on June 7, XXXXX. Respondent then assessed a penalty of $$$$$ and interest of $$$$$ for a total balance due of $$$$$. Petitioner requests a waiver of the penalty and interest.

FINDINGS

XXXXX was required to deduct and withhold taxes from Petitioner's wages. Utah Code Ann. 59-14A-44(1) (1953). XXXXX, not Petitioner, was liable to the Tax Commission for the payment of the tax:

The employer is liable to the tax commission for the payment of the tax required to be deducted and withheld under this chapter, and the employee is not thereafter liable for the amount of any such payment. Section 59-14A-44(4).

DECISION AND ORDER

It is the Decision and Order of the Utah State Tax Commission that Petitioner be assessed the late filing fee of $$$$$ only. The Commission finds that even under the Petitioner's circumstances an extension could have been requested; therefore, the imposition of the late filing penalty.

DATED this 15 day of October, 1986.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis *

Commissioner Commissioner