BEFORE THE UTAH STATE TAX COMMISSION
COLLECTION DIVISION OF THE : Appeal No. 90-2067
UTAH STATE TAX COMMISSION, :
: Account No. XXXXX
STATEMENT OF CASE
This matter came before the Utah State Tax Commission upon a Petition for Reconsideration, dated XXXXX, filed by the Petitioner as a result of the Commission's Order of Default, dated XXXXX.
1. Utah Administrative Rule R861-1A-5(P) provides that a Petition for Reconsideration "will allege as grounds for reconsideration either a mistake in law or fact, or the discovery of new evidence." Under this rule, the Tax Commission may exercise its discretion in granting or denying a Petition for Reconsideration.
2. The Petition for Reconsideration states that the Petitioner forgot to make the call in order to appear for the formal telephone hearing upon which the Order of Default was issued.
3. Petitioner requested that the penalties on the late filing and payment of its withholding taxes for the month of XXXXX be waived. Petitioner bases this on the fact that prior to XXXXX, Petitioner had been filing its withholding taxes on a quarterly basis, but beginning in XXXXX Petitioner was switched to a monthly filing status. Petitioner contests that it received no notice of the change other than the coupon booklet from the Tax Commission. This booklet did indicate that Petitioner was to file monthly. However, Petitioner, accustomed to filing quarterly, did not notice that it was now required to file monthly until it came time for Petitioner to prepare its taxes for the first quarter of XXXXX. The penalty for XXXXX has already been waived because of these circumstances, and Petitioner feels that the penalty for XXXXX should be waived because these same circumstances were present for that month as were present for the month of XXXXX.
4. The Tax Commission finds that since Petitioner had not received prior notice of the switch to monthly filing status, the penalty for the month of XXXXX should be waived. Interest, however, should not be waived because the state was deprived of the use of the tax funds for a period of time through no fault of its own and should be compensated for that loss of use.
DECISION AND ORDER
Based upon the foregoing, it is the decision and order of the Utah State Tax Commission that the Petition for Reconsideration is granted to the extent that the penalty for the month of XXXXX is waived and interest shall be adjusted to account for the waiver of the penalty. It is so ordered.
DATED this 13 day of March, 1991.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis