BEFORE THE UTAH STATE TAX COMMISSION
In Re: ) INFORMAL DECISION
XXXXX ) Appeal No. 91-0484
: Account No. XXXXX
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.
The Petitioner filed and paid its second quarter withholding tax on XXXXX, XXXXX months after the due date. The return showed withholding taxes due of $$$$$, which were paid with the filing of the return.
A $$$$$ late filing penalty and a $$$$$ late payment penalty were imposed, together with interest on the amount of tax due.
The Petitioner does not offer any substantial reason for the late filing and payment, other than they could not afford sufficient labor to take care of the filing of reports because they have a family of seven and a total adjusted income of $$$$$ for the prior year, and the business is run and operated by only 1 person.
DECISION AND ORDER
In view of the small amount of the tax due and the fact that if the payment had been made 2 days earlier the late payment penalty would not have been imposed, the Commission elects to waive the late payment penalty but declines to waive the late filing penalty.
The Tax Commission finds sufficient cause does exist to waive the late payment penalty, but sufficient cause does not exist the waive the late filing penalty associated with the withholding tax for the second quarter of XXXXX. It is so ordered.
DATED this 8 day of August, 1991.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco S. Blaine Willes