88-0086 - Withholding Tax

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioner,                                                         :

v.                                                                                 :           INFORMAL DECISION

                                                                                    :

COLLECTION DIVISION OF THE                          :           Appeal No. 88 0086

STATE TAX COMMISSION OF UTAH,                  )           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 a $$$$$ late filing penalty on withholding tax account No. XXXXX for the third and fourth quarters of XXXXX and the first 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 he opened the business on XXXXX.  At the end of the second quarter XXXXX he came to the Tax Commission for help in filing his sales and withholding tax forms.  Petitioner stated that XXXXX, a Tax Commission agent, helped him prepare his forms and told Petitioner that Petitioner did not need to file the withholding tax form if no tax was due.  Petitioner did not owe any withholding tax for the periods in question.  Petitioner stated that there was no reason for him not to file since no tax was owed, other than the fact that Petitioner relied upon the statement of XXXXX.  XXXXX has been closed since XXXXX.

FINDINGS

             Respondent properly assessed a $$$$$ late filing penalty for each of the quarters in question since the returns were in fact filed late.  However, the Tax Commission, in its discretion, hereby waives the penalty based on the representation by the Tax Commission agent.

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 third and fourth quarters of XXXXX and the first quarter of XXXXX.

            The Collection Division of the Utah State Tax Commission is hereby ordered to adjust its records in accordance with this decision.

            DATED this 14 day of June, 1988.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

ABSENT

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

Joe B. Pacheco                                                            G. Blaine Davis

Commissioner   Commissioner