89-0304 - Withholding

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX )

XXXXX :

)

Petitioner, : FINDINGS OF FACT,

) CONCLUSIONS OF LAW

v. : AND FINAL DECISION

)

: Appeal No. 89-0304

COLLECTION DIVISION OF THE )

UTAH STATE TAX COMMISSION :

) Account No. XXXXX

Respondent. :

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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 Commission. Present and representing the petitioner were XXXXX and XXXXX.

Based upon 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 first quarter of 1982 and all four quarters of XXXXX.

3. The Petitioner paid withholding taxes on a monthly basis.

4. For reasons unknown to the Petitioner, the Petitioner's bookkeeper failed to file a withholding return or pay the taxes for the third month of each of the quarters in question.

5. Petitioner was given notice from the Commission that the withholding returns in question had not been filed. Due to problems the Petitioner had with its account for prior quarters, the Petitioner was not able to reconcile the exact amounts due until approximately May XXXXX when he was contacted by a collection agent.

6. Petitioner testified that it was represented to him by the collection agent that if he were to pay the entire amount of taxes due at once the penalties and interest would be waived.

7. Petitioner paid the entire amount of withholding taxes due on XXXXX.

8. As a result of the failure to timely file and pay the withholding taxes due for the quarters in question, the Petitioner was assessed a penalty in the amount of $$$$$, as well as interest applied at the statutory rate.

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(8).)

DECISION AND ORDER

In the present case, the basis for the Petitioner's request for the waiver of penalties and interest was his testimony that it had been represented to him that if he were to pay the entire amount of taxes due, the penalties and interest would be waived as provided for by "first contact program."

The Commission knows of no such "program" and notes that only the Commissioners have the authority to waive or reduce penalties and interest.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of penalties or interest associated with the withholding taxes for the first quarter of XXXXX and the four quarters of XXXXX. It is so ordered.

DATED this 3rd day of May, 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