91-1211 - Withholding Tax

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

: AND FINAL DECISION

XXXXX ) Appeal No. 91-1211

: Account No. XXXXX

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a hearing on XXXXX. G. Blaine Davis, Administrative Law Judge, Presiding Officer, heard the matter for and on behalf of the Commission. At the time set for the hearing no one appeared for and in behalf of Petitioner, but the Presiding Officer later the same day received a telephone call from XXXXX, Branch Manager, who represented that she had not attended the hearing because she was on maternity leave so that it had slipped her mind. It was agreed that although the matter had been set for a Prehearing Conference, no default would be entered and the matter would be handled as a formal hearing on the telephone.

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 the second, third and fourth quarters of XXXXX, third and fourth quarters of XXXXX, and first quarter of XXXXX.

3. XXXXX represented that she replaced the prior office manager who had been embezzling funds from the company and who ultimately was convicted, served time in jail for the embezzlement, and was ordered to make restitution to the company for the funds embezzled.

4. In addition, the prior office manager was failing to properly file and pay the withholding tax returns, but was representing to the company headquarters that all taxes were filed and current. When notices would arrive from the Tax Commission, the prior office manager would either throw away such notices or take steps to make sure that no one else at the office became aware that the taxes had not been timely filed and paid.

5. When all of the facts became known to management, they fired the prior office manager and hired XXXXX, who made an audit of the status of all returns and filed XXXXX taxes three days after commencing employment, and then filed the tax returns for the third and fourth quarters of XXXXX and the first quarter of XXXXX approximately a month later after having a chance to audit the books and records to determine the amounts due.

7. A late filing penalty of 10% and late payment penalty of 10% were both imposed upon the Petitioner, together with interest at the statutory rate.

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, but sufficient cause has not been shown to justify a waiver of the interest associated with the withholding tax returns for relevant portions of XXXXX, XXXXX and XXXXX. Interest, however, is to be adjusted to account for the waiver of the penalties. It is so ordered.

DATED this 10 day of December, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco S. Blaine Willes

Commissioner Commissioner