90-1383 - Withholding

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 90-1383

: Account No. XXXXX

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STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. Joseph G. Linford, Presiding Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner was XXXXX.

Based upon the evidence and testimony presented at the hearing, the Tax Commission hereby makes its:

FINDINGS OF FACT

1. The tax in question is withholding tax.

2. The periods in question are the months XXXXX through XXXXX, and XXXXX XXXXX.

3. Petitioner files and pays its withholding taxes on a monthly basis. During the periods in question, Petitioner was terminating an unsuccessful business venture. This was a major factor in causing severe cash flow problems for Petitioner which Petitioner states caused it to untimely file and pay its withholding taxes for the periods in question.

4. Petitioner has since paid all of the tax amounts which were due.

5. Based upon the foregoing, Petitioner requests waiver of the penalty and interest assessed for the untimely filing and payment of its withholding taxes.

CONCLUSIONS OF LAW

The Tax Commission is granted the authority to waive, reduce, or compromise penalties and interest upon a showing of reasonable cause. (Utah Code Ann. 59-1-401(8).)

DECISION AND ORDER

Severe financial stress such as that which Petitioner was experiencing during the periods in question is not sufficient cause under the law for waiver of penalty and interest. The withholding tax amounts collected by Petitioner were funds to which the state was entitled and which Petitioner was required to remit to the Tax Commission. Although Petitioner's cash flow was perhaps severely strained during the periods in question, Petitioner did have available the withholding tax which Petitioner had withheld from its employees' wages and should have remitted the same to the Tax Commission.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of the penalty and interest associated with the months XXXXX through XXXXX, and XXXXX XXXXX. It is so ordered.

DATED this 6 day of February, 1991.

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