BEFORE THE UTAH STATE TAX COMMISSION
v. : INFORMAL DECISION
: Appeal No. 88-2853
COLLECTION DIVISION OF THE :
STATE TAX COMMISSION OF UTAH, :
: Account No. XXXXX
STATEMENT OF CASE
This matter came before the Utah State Tax Commission pursuant to the Utah Rules of Administrative Procedure and the Administrative Procedures Act for informal proceedings. No hearing was requested, therefore, the matter was conducted by review of the file before the Tax Commission.
The Petitioners allege that the quarterly withholding return and payment for those taxes for the fourth quarter of XXXXX was mailed by the Petitioner, but not received by the Commission. As a result of the late payment and filing of the withholding taxes for that period, the Petitioners were assessed a penalty in the amount of $$$$$ and interest in the amount of $$$$$ The Petitioners submitted a photo copy of the original check and a copy of the stop payment order as evidence of original payment.
By Commission action, the penalty associated with the withholding taxes for the fourth quarter of XXXXX was waived. The Petitioner now seeks waiver of the interest assessed in the amount of $$$$$. However, the interest is for the use of the money during the period of time, and the state was deprived at the use of the money while the Petitioner continued to have the money.
DECISION AND ORDER
The Tax Commission find sufficient cause does not exist to waive the interest associated with withholding taxes for the fourth quarter of XXXXX. It is so ordered.