87-0524 - Withholding

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioner,                                                         )

v.                                                                                 )           INFORMAL DECISION

COLLECTION DIVISION OF THE                          )           Appeal No. 87-0524

UTAH STATE TAX COMMISSION,                        )           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 withholding tax account No. XXXXX for the period XXXXX.  An informal hearing was held on XXXXX in the offices of the Utah State Tax Commission.  David J. Angerhofer, Hearing Officer, heard the matter for the Tax Commission.  XXXXX represented the Petitioner.  Petitioner stated that she timely sent in the tax payment for the period in question. Petitioner later reconciled the office checking account and discovered that check No. XXXXX, dated XXXXX, had not cleared the bank.  Petitioner notified Respondent of the problem, issued a replacement check (No. XXXXX) and placed a stop payment on check No. XXXXX.  Petitioner provided a copy of the check register, which indicated that check No. XXXXX was written in sequence on XXXXX.  Petitioner requests a waiver of the penalty.

FINDINGS

            Petitioner has established by a preponderance of the evidence that payment was timely remitted for the period in question.  The Tax Commission finds reasonable cause to waive the penalty.  Interest shall remain as originally assessed.  The Tax Commission was denied the use of the money during the period in question.

DECISION AND ORDER

            Based on the foregoing, it is the decision and order of the Utah State Tax Commission that Petitioner's request for a waiver of penalty on withholding tax account No. XXXXX for XXXXX be granted.  Interest shall remain as originally assessed.  The Collection Division of the Utah State Tax Commission is hereby ordered to adjust its records in accordance with this decision.

            DATED this 25 day of August, 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