91-0455 - Withholding Tax

 

BEFORE THE UTAH STATE TAX COMMISSION

___________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

: Appeal No. 91-0455

: Account No. XXXXX

____________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. Alan Hennebold, 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 periods in question are XXXXX through XXXXX.

3. In XXXXX, Petitioner acquired an enterprise doing business in Utah. In January XXXXX, Petitioner turned the enterprise over to another company. As a result of the foregoing, Petitioner's staff in Utah was reduced to one employee.

4. Petitioner paid its employees through an independent payroll service. The payroll service was also expected to file and pay applicable payroll taxes. The payroll service failed to file or pay Petitioner's quarterly withholding reports in Utah within the time limits allowed by law.

5. Due to the payroll service's late filing and late payment of withholding tax for the periods in question, penalties of $$$$$ have been assessed against Petitioner, in addition to its tax liability of $$$$$. Interest has also been assessed.

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

Although the Commission recognizes that Petitioner's failure to timely file and pay its withholding tax reports for the periods in question was due to the errors or neglect of its payroll service, the Petitioner is ultimately responsible to see that such obligations are properly discharged.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a reduction of the penalty and interest associated with the Petitioner's withholding tax for the periods in question. It is so ordered.

DATED this 3rd day of December, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

ABSENT

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco S. Blaine Willes

Commissioner Commissioner