BEFORE THE UTAH STATE TAX COMMISSION
v. : INFORMAL DECISION
: Appeal No. 90-1488
COLLECTION DIVISION OF THE :
UTAH STATE TAX COMMISSION, :
: Account No. XXXXX
STATEMENT OF CASE
Petitioner, XXXXX, appeals the assessment of a $$$$$ late filing penalty and an additional $$$$$ late payment 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.
On XXXXX, Petitioner applied for a withholding tax number with the State Tax Commission. Tax Commission records show the number was issued on XXXXX.
Petitioner contends it did not receive the tax number until after its quarterly withholding tax return was past due. Petitioner further contends it made several telephone calls to the Commission to secure its withholding number and the necessary report forms.
DECISION AND ORDER
Contrary to Petitioner's contention that a delay in processing its application for a withholding tax number caused Petitioner to miss its quarterly reporting deadline, available records indicate the number was issued well before the quarterly report was due. The Tax Commission therefore concludes Petitioner has failed to establish reasonable cause for the late filing and payment of its third quarter XXXXX withholding tax liability, and denies Petitioner's request for waiver of penalty. It is so ordered.
DATED this 12th day of September, 1990.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew