87-0172 - Sales

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioner,                                                         )

v.                                                                                 )           INFORMAL DECISION

COLLECTION DIVISION OF THE                          )           Appeal No. 87-0172

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

            Respondent.                                                     )

_____________________________________

STATEMENT OF CASE

            An Informal Hearing was held on XXXXX.  XXXXX represented Petitioner.  David J. Angerhofer, Hearing Officer, heard the matter for the Utah State Tax Commission.  Respondent assessed a penalty and interest for the late payment of Petitioner's second quarter, XXXXX, withholding taxes.  Petitioner testified that at the time the withholding taxes were due, one of its two major clients had filed a Chapter 11 case in Bankruptcy.  This client owed Petitioner a substantial amount of money and Petitioner found that it could not pay the withholding taxes until the client was able to pay it the money owed.  Petitioner nevertheless filed its XXXXX return on time and attached a letter explaining that it would pay the taxes as soon as it received payment from the client.  Petitioner paid the amount of the tax, $$$$$ on XXXXX, less than one month late.  Subsequently, Petitioner received a notice of deficiency for the amount of the penalty and interest assessed until that time.  Petitioner paid the interest and subsequently paid the penalty in order to avoid judgment and is now requesting a refund of the penalty, but not of the interest.

DECISION AND ORDER

            The Commission finds that Petitioner did not show reasonable cause for the late payment of its XXXXX, withholding tax.  Therefore, it is the Decision and Order of the Utah State Tax Commission to sustain the penalty assessed against Petitioner's late payment of the XXXXX withholding tax liability.

            DATED this 5 day of October, 1987.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner