89-1301 - Withholding

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

:

Petitioner : FINDINGS OF FACT,

: CONCLUSIONS OF LAW

v. : AND FINAL DECISION

:

: Appeal No. 89-1301

COLLECTION DIVISION OF THE :

UTAH STATE TAX COMMISSION :

: Account No. XXXXX

Respondent :

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission pursuant to the Administrative Procedures Act for a formal hearing on XXXXX before Joseph G. Linford, Presiding Officer. Petitioner was represented by XXXXX and XXXXX. No one representing the Respondent appeared 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 the first quarter of XXXXX.

3. Petitioner mistakenly overlooked the payment of withholding tax for the first quarter of XXXXX. When Petitioner discovered this error in XXXXX, Petitioner personally visited the Utah State Tax Commission offices and paid all the tax and interest due and requested a waiver of the penalty.

4. On XXXXX, Petitioner received a notice of failure to file from the Tax Commission and telephoned the Tax Commission at that time. Petitioner was told to file another request for waiver of penalty.

5. On XXXXX, Petitioner received from the Tax Commission a Notice of Warrant and Demand for Payment. Petitioner telephoned the Tax Commission again. Petitioner was then told to submit a third request for waiver of the penalty. Penalties and interest at this time were in the amount of $$$$$.

6. On XXXXX, Petitioner received a Notice of Warrant issued for nonpayment of taxes from the Tax Commission and again telephoned Tax Commission offices. Petitioner was again told to submit a fourth request for waiver of penalty. Penalty and interest due at this time was $$$$$.

7. On XXXXX, Petitioner was notified by the Tax Commission that Petitioner's request for waiver of penalty and interest had been denied. This letter represented that the amount due was $$$$$.

8. Petitioner now requests that the penalties and interest be waived.

CONCLUSIONS OF LAW

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

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

3. Such reasonable cause has been shown for waiver of a portion of the penalty and interest amounts assessed in this case. Petitioner admits that it overlooked payment of withholding tax for the first quarter XXXXX. Although this was not intentional yet mere negligence on the part of Petitioner is not sufficient for a complete waiver of all penalty assessments. However, Petitioner had to file four requests for waiver of penalty before any action was taken on Petitioner's account. Throughout the entire time period, Petitioner did everything possible to attempt to resolve the matter as expeditiously as possible. Petitioner should not be required to pay interest that accrued after Petitioner's initial request for waiver should have been acted upon, nor to pay any penalty beyond the original 10% negligence penalty.

DECISION AND ORDER

Based upon the foregoing, it is the decision and order of the Utah State Tax Commission that Petitioner's request for waiver of penalty and interest be partially granted. Any interest amounts accruing after the date on which Petitioner filed the first request for waiver in XXXXX are waived. Penalty is reduced to the original 10% negligence penalty, and interest is to be calculated accordingly.

DATED this 12th 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