88-0646 - Withholding Tax

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioner,                                                         :

                                                                                    :

v.                                                                                 :           FINDINGS OF FACT, CONCLUSIONS

                                                                                    :           OF LAW & FINAL DECISION

COLLECTION DIVISION OF THE                          :           Appeal No. 88-0646

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

            Respondent.                                                     :

_____________________________________

STATEMENT OF CASE

            A prehearing conference was held on XXXXX in the offices of the Utah State Tax Commission and was conducted over the telephone.  David J. Angerhofer, Presiding Officer, heard the matter for the Tax Commission.  XXXXX represented the Petitioner.  During the course of the prehearing conference the presiding officer converted the proceeding to a formal hearing.

            Petitioner stated that the withholding tax report for the second quarter of XXXXX was timely filed and that check No. XXXXX was included with the report.  When the check never cleared Petitioner's bank the Petitioner immediately sent a replacement check.  Petitioner requests a waiver of the penalty and interest.

FINDINGS OF FACT

            Petitioner provided a copy of its bank statement showing that sufficient funds were present in Petitioner's account at the time the withholding tax was due.  Petitioner also provided a copy of the check register. The register indicates that check No. XXXXX was timely written on XXXXX.

CONCLUSIONS OF LAW

            Petitioner has established by a preponderance of the evidence that check No. XXXXX was timely prepared and filed.  The Tax Commission finds reasonable cause to waive the penalty.

DECISION AND ORDER

            Based on the foregoing, the Utah State Tax Commission hereby waives the penalty on withholding tax account No. XXXXX for the second quarter of XXXXX.  Interest is properly assessed in this matter.

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

            DATED this 6 da