90‑0086

Income

Signed 8/8/90

 

                   BEFORE THE UTAH STATE TAX COMMISSION

                  _______________________________________

 

XXXXX

          Petitioner,             )

                                  )    INFORMAL DECISION

v.                                )

COLLECTION DIVISION OF THE        )    Appeal No. 90‑0086

UTAH STATE TAX COMMISSION,        )

                                  )    Account No. XXXXX

          Respondent.             )

                    __________________________________

 

                             STATEMENT OF CASE

          This is an appeal to the Utah State Tax Commission requesting waiver of penalty and interest assessment on Petitioner's withholding tax liability 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 states that previous to XXXXX, Petitioner was on a quarterly filing status as far as its withholding taxes were concerned, but that after XXXXX, Petitioner was switched to a monthly filing status. Petitioner asserts that no notice was given of this change and that the first time it realized that such a change had occurred was on XXXXX, when Petitioner received its new tax forms.  Petitioner had filed on a quarterly basis for the first quarter of XXXXX as they had in the past and feel that since they had not received proper notice of the change to monthly status, the penalty and interest amount should be waived.

                                 FINDINGS

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

          Such reasonable cause has been shown for waiver of the penalty in this case since Petitioner had not been informed of the change and because of the Petitioner's good past record in timely filing and payment of withholding taxes. Such reasonable cause has not been shown, however, for waiver of the interest assessed because the state was deprived of the use of the tax funds for a period of time and should be compensated for that loss of use.

                            DECISION AND ORDER

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

          DATED this 8 day of August, 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

 

NOTICE: You have ten (10) days after the date of the final order to file a request for reconsideration or thirty (30) days after the date of final order to file in District Court a petition for judicial review.  Utah State Tax Commission Administrative Rule R861‑SA‑l(p) and Utah Code Ann. '63‑46b‑14(3)(a).

 

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