90-1410 - Withholding

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX,

            Petitioner,                                                         :

                                                                                    :           INFORMAL DECISION

v.                                                                                 :

COLLECTION DIVISION OF THE                          :           Appeal No. 90-1410

            UTAH STATE TAX COMMISSION,            :

                                                                                    :           Account No. XXXXX

            Respondent.                                                     :

_____________________________________

STATEMENT OF CASE

            Petitioner appeals the assessment of a $$$$$ late filing penalty against its withholding tax liability for the third quarter XXXXX.  Pursuant to the Utah Administrative Procedures Act and the rules of the Tax Commission, this matter is conducted as an informal adjudicatory proceeding.  Since no hearing has been requested, this decision is based upon information contained in the Tax Commission's file.

FINDINGS

            Because of a mistaken belief that it had ceased Utah operations in XXXXX, Petitioner did not file its quarterly withholding tax report for the third quarter XXXXX, which report was due on XXXXX.  Petitioner later discovered its error, and filed and paid the report on XXXXX.  The withholding tax due was $$$$$.

DECISION AND ORDER

            Petitioner's failure to file and pay the withholding tax report in question was due to its error regarding the date on which it had stopped doing business in Utah.  Such an error does not constitute reasonable cause for late filing and payment of the withholding tax return.  The Tax Commission therefore denies Petitioner's request for waiver of penalty.  It is so ordered.

            DATED this 6th day of September, 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