BEFORE THE UTAH STATE TAX COMMISSION
Petitioner, : FINDINGS OF FACT,
: CONCLUSIONS OF LAW,
v. : AND FINAL DECISION
COLLECTION DIVISION OF THE : Appeal No. 91-1414
UTAH STATE TAX COMMISSION, : 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. XXXXX and XXXXX participated by telephone of behalf of the Petitioner.
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. During XXXXX, Respondent audited Petitioner's XXXXX withholding tax reports. In the course of that audit, Respondent discovered Petitioner had paid $$$$$ less than the liability established by Petitioner's withholding tax reports. Respondent advised Petitioner of the tax liability and assessed a 10% late payment penalty in the amount of $$$$$ against Petitioner, as well as interest.
4. After receiving notice of the foregoing, Petitioner reviewed its records and concluded that its check in the amount of $$$$$, mailed to the Commission on XXXXX, had not been cashed. Petitioner stopped payment on the original check and issued a replacement check.
5. Other than the one incident which is the subject of this appeal, Petitioner has filed every withholding tax report on time and has paid its tax liability in full.
CONCLUSIONS OF LAW
The Tax Commission is granted the authority to waive, reduce, or compromise penalties and interest upon a showing of reasonable cause. (Utah Code Ann. §59-1-401(8).)
DECISION AND ORDER
The Commission finds it unlikely that Petitioner failed to discover that one of its checks for an amount in excess of $$$$$ had gone uncashed for four years. However, Respondent did not take action on the matter for several years. In Petitioner's favor, Commission records establish that it has an excellent record of compliance with tax filing and payment requirements, before and after the incident in question.
Based upon the foregoing, the Tax Commission finds that reasonable cause has been established to waive the penalty assessed with respect to Petitioner's XXXXX withholding tax liability.
Interest is not waived, but will be recomputed in accordance with this decision. It is so ordered.
DATED this 10 day of April, 1992.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco S. Blaine Willes