91-0967 - Withholding Tax

 

BEFORE THE UTAH STATE TAX COMMISSION

_______________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 91-0967

: 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 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. Petitioner's withholding tax report and remittance for XXXXX was due by XXXXX. Because of an error of Petitioner's clerical staff, the report was not filed until XXXXX. Payment of the tax due in the amount of $$$$$ was made at that time.

4. Late filing penalty was assessed against Petitioner in the amount of $$$$$.

5. Commission records show that Petitioner has properly filed its withholding tax returns prior to the period in question, as well as after that period. Petitioner has also fully paid its tax liability when due.

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's failure to timely file its withholding tax return for XXXXX was corrected within a short time. The Petitioner's record of compliance with withholding tax filing and payment requirements establishes that the foregoing was an inadvertent error, unlikely to recur.

Based upon the foregoing, the Tax Commission finds that sufficient cause has been shown which would justify a waiver of the penalty associated with Petitioner's withholding tax liability for XXXXX. Interest is not waived, but will be recomputed in accordance with this decision. It is so ordered.

DATED this 10th 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