BEFORE THE STATE TAX COMMISSION OF UTAH
v. : INFORMAL DECISION
COLLECTION DIVISION OF THE : Appeal No. 87-0506
STATE TAX COMMISSION OF UTAH, ) Acct. No. XXXXX
STATEMENT OF CASE
An Informal Hearing was held on XXXXX. James E. Harward, Hearing Officer, heard the matter for the Utah State Tax Commission. XXXXX represented the Petitioner. XXXXX testified that he was sure that he filed and paid the XXXXX, withholding tax timely. Following the hearing he provided the Appeals Section with copies of the fronts and backs of the check for the withholding tax plus checks immediately proceeding and following the withholding tax check. All three of these checks were dated XXXXX, which indicates that the withholding tax return and payment were made timely. XXXXX also testified that the XXXXX, return and payment were misfiled unintentionally and not discovered until the next quarter's payment was due. Petitioner testified that because the state did not have the use of the withholding tax owing for the XXXXX, Petitioner agreed that they should pay interest for the three months. XXXXX requested however that penalty and interest for the XXXXX, and penalty for the XXXXX, be waived.
DECISION AND ORDER
Based on the foregoing, it is the Decision and Order of the Utah State Tax Commission to waive the penalty and interest for the XXXXX. The return and payment appear to have been timely filed even though Respondent's records indicate otherwise. The Commission declines to waive the penalty for the late filing of the XXXXX, return. However, in accordance with the Commission's earlier decision, the Commission approves reduction of the penalty to 15% of the tax that was due ($$$$$) or $$$$$. Interest will continue to accrue at the statutory rate (12%) until paid.
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