91-0804 - Withholding Tax

 

BEFORE THE UTAH STATE TAX COMMISSION

____________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

: Appeal No. 91-0804

: Account No. XXXXX

______________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. Paul F. Iwasaki, Presiding Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner was 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 period in question is XXXXX.

3. On XXXXX, the accounts payable clerk for the Petitioner issued a check in the amount of $$$$$ which represented the withholding tax for XXXXX. The check and the return were mailed on that same date.

4. Due to an error, the return and check were mailed to the XXXXX office of the Utah State Tax Commission.

5. The Petitioner was never credited with filing the return nor submitting the tax due.

6. The Petitioner was unaware of the problem until it received notice from the Commission in XXXXX that the withholding return had not been received. Upon receipt of such notice, the Petitioner stopped payment on the outstanding check and issued another.

7. The initial check and return has not been located, nor has the check been returned to the Petitioner.

8. Sufficient funds existed in the Petitioner's account to cover the initial check had it been presented for payment.

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

Based upon the foregoing, the Tax Commission finds that sufficient cause has been shown which would justify a waiver of the penalty associated with the withholding tax for XXXXX. It is so ordered.

DATED this 15 day of August, 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