90-1649 - Withholding

 

BEFORE THE UTAH STATE TAX COMMISSION

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In Re:                                                                           )

                                                                                    :           INFORMAL DECISION

XXXXX                                                                                  )

                                                                                    :           Appeal No. 90-1649

                                                                                    :

                                                                                    :           Account No. XXXXX

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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.

FINDINGS

            The Petitioner seeks waiver of penalties imposed with respect to its withholding tax liabilities for XXXXX and XXXXX.

            The Petitioner has a history of full and timely payment of its withholding tax liability.  However, because the Petitioner's withholding return for the month of XXXXX had a XXXXX due date, the Petitioner believed the return form to be applicable to XXXXX.  No payment was made for XXXXX until the Petitioner's quarterly return was filed in XXXXX.  At that time, the Petitioner discovered its error and full payment was made of all tax liability.

            Tax Commission records indicate that the Petitioner did not file and pay its XXXXX withholding tax liability until XXXXX.  The Petitioner's accountant attributes that to continuing confusion over which months had been paid and which months had not.

            Penalty of $$$$$ was initially imposed against the Petitioner for the periods of XXXXX and XXXXX.  The penalty has since been reduced to a total of $$$$$.

DECISION AND ORDER

            The Tax Commission finds sufficient cause does not exist to further waive the penalty associated with the withholding tax for XXXXX and XXXXX.  The existing penalty of $$$$$ for each period is affirmed.  Interest will be recomputed in accordance with this decision.  It is so ordered.

            DATED this 21st day of May, 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