BEFORE THE UTAH STATE TAX
COMMISSION
____________________________________
In Re: ) FINDINGS OF FACT,
: CONCLUSIONS
OF LAW,
XXXXX ) AND FINAL DECISION
:
: Appeal No.
90-1630
: Account
No. XXXXX
_____________________________________
STATEMENT OF CASE
This
matter came before the Utah State Tax Commission for a formal hearing on
XXXXX. Paul F. Iwasaki, Presiding
Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner were
XXXXX and 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 period in question is XXXXX.
3. The Petitioner pays its withholding tax on a
monthly basis. For the above mentioned
period, the withholding return as well as a check in the amount of the
withholding tax due was filed in a timely manner.
4. The check to cover the payment of the
withholding tax was drawn on a XXXXX bank.
When presented for payment, the check was returned due to insufficient
funds.
5. The lack of funds in the XXXXX banking
account was due to the fact that the Petitioner's bookkeeper inadvertently
failed to transfer the necessary funds from an account the Petitioner has with
a Utah bank, to that of the XXXXX bank.
6. Sufficient funds existed in the Utah bank to
cover the check in question.
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
Based
upon the foregoing, the Tax Commission finds that sufficient cause has been
shown which would justify a reduction of the penalty associated with the XXXXX
withholding tax to the amount of $$$$$, and the interest is to be adjusted to
reflect that reduction. It is so
ordered.
DATED
this 15th day of January, 1991.
BY ORDER OF THE UTAH STATE TAX COMMISSION.