90-1106 - Withholding

 

BEFORE THE UTAH STATE TAX COMMISSION

_______________________________

In Re: )

: INFORMAL DECISION

XXXXX )

: Appeal No. 90-1106

:

: Account No. XXXXX

_________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission pursuant to the Administrative Procedures Act and the rules of the Utah State Tax Commission for informal proceedings. No hearing was requested, therefore, this decision is based upon information contained in the Tax Commission's file.

At the time Petitioner's withholding tax return was due for the period XXXXX, Petitioner's computer was experiencing significant difficulties. Because of these difficulties, the Petitioner did not notice until XXXXX that the XXXXX withholding tax returns had not been filed. Petitioner then submitted the return and payment as soon as the oversight was noticed.

By letter dated XXXXX, the Tax Commission reduced the penalty from $$$$$ to $$$$$. Petitioner now requests a waiver of the remaining $$$$$ penalty.

FINDINGS

Utah Code Ann. 59-1-401 and59-1-402 provide that penalties 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 penalties and interest assessed under the above statutes.

Such reasonable cause has not been shown for a further waiver of the penalty. The extenuating circumstances of this case have already been taken into account in the reduction of the penalty assessed. Pursuant to established Tax Commission policy in similar cases, a further waiver of the penalty should not be granted.

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 is denied. It is so ordered.

DATED this 13th day of November, 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