88-2768 - Withholding

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

:

Petitioner, :

: FINDINGS OF FACT,

v. : CONCLUSIONS OF LAW

: AND FINAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 88-2768

UTAH STATE TAX COMMISSION, :

: Account No. XXXXX

Respondent. :

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission pursuant to the Utah Administrative Procedures Act for a formal hearing on XXXXX before Joseph G. Linford, Presiding Officer. Present and representing the Petitioner was XXXXX. No one representing the Respondent appeared. After reviewing the evidence and arguments of the parties in the record and the recommendation of the presiding officer, the Tax Commission hereby makes its:

FINDINGS OF FACT

1. The tax in question is withholding tax.

2. The period in question is the third quarter of XXXXX.

3. During this period of time the Petitioner was short staffed. The staff member responsible for filing the taxes in question was ill for a number of days and the taxes were not filed or paid on time. As soon as the employee returned to work the taxes were filed and paid.

4. Petitioner has since added additional personnel and also completed its internal systems development so that such a difficulty will not occur in the future. Petitioner's previous history is one of timely payment and filing of taxes.

5. By letter dated XXXXX, Petitioner was informed that the Tax Commission had denied Petitioner's initial request for waiver of penalties and interest. However, Tax Commission records indicate that the Commission reduced the penalty in this case from $$$$$ to $$$$$ and denied the request for waiver of interest. Therefore, the XXXXX letter was in error, and the Petitioner should have been informed that all but $$$$$ of the penalty had been waived.

CONCLUSIONS OF LAW

1. Utah Code Ann. 59-1-401 and59-1-402 provide that penalties and interest shall be assessed for the late payment and filing of taxes.

2. Utah Code Ann. 59-1-401(8) provides that the Commission may, upon reasonable cause shown, waive or reduce the penalties and interest assessed under the above statutes.

3. Such reasonable cause has been shown in this case, particularly since it appears to have been the intent of the Commission that all but $$$$$ of the penalty be waived, although that was not communicated in the denial letter sent to Petitioner.

DECISION AND ORDER

Based upon the foregoing, it is the decision and order of the Utah State Tax Commission that the penalty be reduced to $$$$$ and Petitioner's request for waiver of interest be denied, but that interest should be recalculated taking into consideration the reduction in the penalty amount.

DATED this 4 day of April, 1990.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner