BEFORE THE STATE TAX COMMISSION OF UTAH
v. ) INFORMAL DECISION
COLLECTION DIVISION OF THE : Appeal No. 86 0418
STATE TAX COMMISSION OF UTAH, ) Acct. No. XXXXX
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 withholding tax account No. XXXXX for all four quarters of XXXXX. Petitioner waived its right to an oral hearing. Therefore, the Commission decides this matter based on the materials in the file.
The tax for all four quarters of XXXXX was paid on XXXXX. Respondent assessed a total penalty of $$$$$ and interest of $$$$$ as of XXXXX.
Petitioner stated that it hired a bookkeeper in XXXXX, and that she was initially very efficient. Petitioner discovered later that she defrauded the company of $$$$$ and that the IRS will probably charge her with six counts of felony tax fraud. The bookkeeper prepared erroneous tax returns.
Due to the special circumstances of this case, the Commission waives the penalty for the four quarters of XXXXX.
Interest was properly assessed since the Tax Commission was denied the use of the money during this period.
DECISION AND ORDER
It is the Decision and Order of the Utah State Tax Commission that penalty on withholding tax account No. XXXXX for the four quarters of XXXXX be waived.
The assessment of interest by the Collection Division of the Utah State Tax Commission is affirmed.
The Collection Division is hereby ordered to adjust its records in accordance with this decision.
DATED this 9 day of December, 1986.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis