89-0193-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. 89-0193

UTAH STATE TAX COMMISSION )

: Account No. XXXXX

Respondent. )

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. Paul F. Iwasaki, Presiding Officer, heard the matter for and in behalf of the Tax Commission. Present and representing the Petitioner was XXXXX.

Based on the evidence and testimony presented at the hearing, the Tax

Commission hereby makes its:

FINDINGS OF FACT

1. The tax in question is withholding tax.

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

3. The Petitioner is an attorney who started his own practice as a professional corporation in January of XXXXX.

4. In XXXXX the Petitioner went to the Tax Commission to get a withholding number and to obtain the payment booklet with which to file his quarterly withholdings. At that time he paid his first quarter withholding and was advised that the booklet with the forms would be mailed to him.

5. On XXXXX, the Petitioner realized he had not yet received the withholding forms from the Tax Commission. He then realized he had not paid the second quarter of XXXXX withholding taxes and at that: time did so.

6. Petitioner did not receive the withholding forms from the Tax Commission until XXXXX.

7. A penalty of $$$$$ was assessed for the late filing and payment of the quarterly taxes for the second quarter of XXXXX. That amount was reduced to $$$$$ by previous Commission action.

CONCLUSIONS OF LAW

The Tax Commission is granted the authority to waive, reduce, or compromise penalties and interest upon a showing of reasonable cause. (Utah Code Ann. 59-1-401(A).)

DECISION AND ORDER

Based upon the foregoing, the Tax Commission finds that sufficient evidence has not been shown to justify a further reduction of the penalty associated with the second quarter of XXXXX withholding taxes. It is so ordered.

DATED this 12th day of April, 1990.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

FOR THE COMMISSION.

G. Blaine Davis

Commissioner