BEFORE THE UTAH STATE TAX COMMISSION
In Re: )
: FINDINGS OF FACT,
: CONCLUSIONS OF LAW,
XXXXX : AND FINAL DECISION
: Appeal No. 91-0336
: Account No. XXXXX
STATEMENT OF CASE
This matter came before the Utah Tax Commission for a formal hearing on XXXXX Alan Hennebold, Presiding Officer, heard the matter for and in behalf of the Commission. Present and representing the Petitioner was XXXXX, Payroll Supervisor, and XXXXX, Financial Manager.
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 are XXXXX and XXXXX.
3. With respect to Petitioner's liability for XXXXX, the Petitioner completed and submitted its withholding tax return as usual. It mailed the return together with a check and payment of its tax liability to the Utah State Tax Commission. The Tax Commission has no record of receiving either the original tax return or payment. On XXXXX, the Commission notified the Petitioner of its failure to file the XXXXX withholding tax return. The Petitioner immediately stopped payment of its previously issued check, then issued another check which it sent to the Commission together with a copy of its previous report. The Commission received the return and payment on XXXXX. A late filing penalty of $$$$$ was assessed against the Petitioner.
With respect to the XXXXX liability, the Petitioner once again completed the required return form and mailed it with a check in payment of the tax liability to the Tax Commission. However, the Petitioner used separate envelopes for the return and check. The Commission has no record of receiving either return or check. When the Petitioner was advised that the Tax Commission had not received its return or payment, it again stopped payment on the check in question, issued another check and attached a copy of its original return.
Apart from the two months in question, the Petitioner has filed and paid its withholding tax liability as required.
CONCLUSIONS OF LAW
The Tax Commission is granted the authority to waive, reduce, or compromise penalties and interest upon a showing of reasonable cause. (Utah Code Ann.59-1-401(8).)
DECISION AND ORDER
The Petitioner has substantiated that it filed and paid its XXXXX and XXXXX withholding tax liability in a timely fashion. That fact has been documented with copies of original checks and report forms, as well as copies of stop order payments to the Petitioners' bank. A review of the Petitioner's history of filing and payment of taxes indicates that the problems discussed in this decision are an isolated situation. Based on the available evidence, the Petitioner may be said to be at fault only for its failure to mail the XXXXX return and check together.
Based upon the foregoing, the Tax Commission finds that sufficient cause has been shown which would justify a reduction of the penalty associated with the XXXXX and XXXXX withholding tax, to the amount of $$$$$. Interest is not waived, but will be recomputed in accordance with this decision. It is so ordered.
DATED this 27th day of August, 1991.
BY ORDER OF THE UTAH STATE TAX COMMISSION
R. H. Hansen Roger O. Tew
Joe B. Pacheco S. Blaine Willes*