89-2304 - Withholding

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX,

Petitioner, :

v. : INFORMAL DECISION

: Appeal No. 89-2304

COLLECTION DIVISION OF THE :

UTAH STATE TAX COMMISSION, : Acct No. XXXXX

Respondent. :

_____________________________________

STATEMENT OF CASE

This is an appeal to the Utah State Tax Commission requesting waiver of a penalty and interest assessment on Petitioner's withholding tax return for XXXXX. Pursuant to Utah Code Ann. 63-46b-5(1)(b,j) no hearing was held. A review of Petitioner's file served as the evidentiary basis for this decision.

Petitioner's payroll clerk was responsible for the tax filing for the period in question. This person was on vacation from work in XXXXX and then was sick and off work for the first part of the following October. Because of this, according to Petitioner, Petitioner's check for its monthly filing of withholding taxes for October was not processed and paid in a timely manner. Petitioner states that this was merely human error on the part of the payroll clerk and was not the result of any malicious intent and that as soon as the error was discovered, Petitioner's payroll clerk immediately sent in the total amount of tax plus one half of the December payment in advance. The return was received by the Tax Commission on XXXXX, approximately three weeks after the XXXXX deadline.

The above circumstances led to the assessment of a $$$$$ penalty and interest in the amount of $$$$$ against Petitioner. Upon Petitioner's request for waiver of penalties and interest, the penalty was reduced by the Commission to $$$$$ by letter dated XXXXX. Petitioner now requests a waiver of the remaining interest and penalty.

FINDINGS

Utah Code Ann. 59-1-401 and59-1-402 provide that penalties and interest shall be imposed for the late payment and filing of withholding taxes. Utah Code Ann. 59-1-401(8) provides that upon reasonable cause shown, the Tax Commission may waive or reduce penalties and interest assessed under the above statutes.

Such reasonable cause for the waiver of the remaining penalty and interest has not been shown in this case. Consideration was already given to the lack of malicious intent on the part of the Petitioner, and Petitioner's good faith efforts to rectify the situation, in the reduction of the penalty by the Commission by the letter dated XXXXX. Human error or negligence is not sufficient reasonable cause for the waiver of the remaining portions of the penalties and interest assessed. In addition, although Petitioner's payroll clerk was ill in October, she still had the entire month of November to pay the tax before the deadline of XXXXX.

DECISION AND ORDER

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

DATED this 14th day of March, 1990.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

FOR THE COMMISSION

G. Blaine Davis

Commissioner