86-2114 - Withholding

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX,

:

Petitioner, : FINDINGS OF FACT,

: CONCLUSIONS OF LAW

v. : AND FINAL DECISION

COLLECTION DIVISION OF THE : Appeal No. 86 2114

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

Respondent. :

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a Formal Hearing on XXXXX. James E. Harward, Hearing Officer, heard the matter for the Tax Commission. XXXXX appeared representing the Petitioner.

Based upon the evidence and arguments presented at the formal hearing, the Tax Commission makes its

FINDINGS OF FACT

1. By the first quarter of XXXXX, the Petitioners had been in business for approximately three years.

2. The Petitioner misplaced the tax payment book. As a result, it did not get put in the expense file for payment. The payment was not made in a timely fashion.

3. The return and payments were made in XXXXX, approximately six months late.

4. The Petitioner was assessed 25% late payment penalty.

5. Petitioner requested a waiver of the penalty on the grounds that the mistake was a simple oversight and not intentional.

CONCLUSIONS OF LAW

1. Utah Code Ann. 59-14A-89(d) states "if any employer, with that intent to evade or defeat any tax imposed by this act or the payment thereof, shall fail to make a return and pay a tax withheld within the time required by or under the provisions of Section 59-14A-40, such employer shall be liable for such tax and shall pay the same together with interest thereon and the addition to tax provided in subsection (a) and such interest in addition to tax shall not be charged to or collected from the employee by the employer." Subsection (a) provides for an addition to the tax of $25.00 or 5% of the amount of such tax per month not to exceed 25% in the aggregate.

2. The Petitioner failed to file the return and make payment as required under Utah law.

DECISION AND FINAL ORDER

It is the Decision and Final Order of the Utah State Tax Commission that insufficient facts have been given upon which the Commission can justify a waiver or reduction of the penalty. Therefore, the Tax Commission declines to do so.

DATED this 13 day of January, 1988.

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