87-2308 - Withholding

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioner,                                                         :

v.                                                                                 :           INFORMAL DECISION

COLLECTION DIVISION OF THE                          :           Appeal No. 87-2308

            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 fourth quarter of 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 for the fourth quarter of XXXXX, Form TC-96A was timely filed along with a check for the taxes withheld.  As soon as Petitioner was notified that Respondent had no record of the payment, Petitioner forwarded a replacement check.  Petitioner requests a waiver of the penalty and interest.

FINDINGS

            Petitioner was given ten days from the date of the hearing in which to send a copy of the check register and any other evidence which would indicate that the check was timely prepared.  Petitioner did provide a copy of the check register and a copy of the voucher for check No. XXXXX.

            Petitioner has established that a check for the withholding taxes was timely prepared.  The Tax Commission hereby waives the penalty.  Interest, however, 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, the Utah State Tax Commission hereby grants Petitioner's request for waiver of penalty on withholding tax account No. XXXXX for the fourth quarter of XXXXX but denies Petitioner's request for waiver of interest.  The assessment interest by the Collection Division of the Utah State Tax Commission is hereby affirmed.

            DATED this 10 day of February, 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