89-1244 - 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. 89-1244

UTAH STATE TAX COMMISSION :

: Acct No. XXXXX

Respondent. :

_____________________________________

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 formal adjudicative proceedings on the 22nd day of September XXXXX before Joseph G. Linford, Presiding Officer. Petitioner was represented by XXXXX. Respondent was not represented at the hearing.

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 XXXXX (Petitioner files on a monthly basis).

3. Petitioner operates two companies. One company files its withholding tax returns on a quarterly basis while the other company files its returns on a monthly basis. Most of Petitioner's other taxes for the two companies are reported and remitted on a quarterly basis.

4. The late payment of the taxes in question is due to "human oversight" in that it has been difficult for Petitioner in the past to remember to pay every month rather than on the usual quarterly basis.

5. This oversight was corrected as soon as it was discovered and the taxes were paid within weeks of the due date.

6. On XXXXX, Petitioner received a Notice of Delinquency and Demand for Payment from the Utah State Tax Commission. On XXXXX, Petitioner filed a request with the Tax Commission to have the penalty and interest amounts waived. This request was denied by a letter dated XXXXX. Petitioner then remitted the amount of taxes, penalties and interest due in the original demand which they received on XXXXX.

7. Petitioner now requests that the Tax Commission waive the penalties and interest assessed on this account or in the alternative, that just the interest amounts be waived that accrued from XXXXX to XXXXX, which is the period between when Petitioner filed their request for waiver and the time that request was denied.

CONCLUSIONS OF LAW

1. Utah Code Ann. 59-1-401 and 59-1-402 provide that penalties and interest shall be assessed upon the late filing of tax returns and the late payment of taxes due.

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

3. Such reasonable cause has been shown in this case. The waiver of penalty and interest is warranted based on the fact that Petitioner took the initiative in resolving the problem as soon as it was discovered, and the problem was the result of an error instead of an attempt to knowingly avoid or delay payment of taxes. Petitioner also has a good past filing and payment history.

DECISION AND ORDER

Based on the foregoing, it is the decision and order of the Utah State Tax Commission that the Petitioner's request for waiver of penalty and interest be granted.

DATED this 27th day of February , 1990.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

ABSENT

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner