91-1295 - Withholding Tax

 

BEFORE THE UTAH STATE TAX COMMISSION

_________________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 91-1295

: Account No. XXXXX

___________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. G. Blaine Davis, Administrative Law Judge and 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, XXXXX, and XXXXX.

3. Petitioner timely filed and paid quarterly payroll withholding reports, but for three of those months the amount withheld exceeded the amount for filing quarterly, so that they were required to file monthly for those months.

4. Petitioner overlooked filing monthly because they were going through a problem with the Tax Commission attempting to receive credit for certain overpayments of withholding taxes which they had made for XXXXX, in the amount of $$$$$, and for XXXXX in the amount of $$$$$. They had attempted to obtain such credits by making phone calls to the Tax Commission, writing letters, and had personally been to the Tax Commission to try to receive those adjustments.

5. Petitioner's have otherwise historically filed and paid their tax returns timely, and these returns would have been timely if the amount withheld had not gone slightly over the amount required for monthly payment instead of quarterly.

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 find, that sufficient cause has been shown which would justify a waiver of the penalty, but sufficient cause has not been shown which would justify a waiver of the interest associated with the XXXXX, XXXXX and XXXXX withholding tax returns. It is so ordered.

DATED this 6th 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