BEFORE THE UTAH STATE TAX COMMISSION
In Re: ) FINDINGS OF FACT,
: CONCLUSIONS OF LAW,
XXXXX ) AND FINAL DECISION
: Appeal No. 91-1425
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 were XXXXX, 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 through XXXXX, XXXXX through XXXXX of XXXXX, XXXXX through XXXXX of XXXXX, XXXXX through XXXXX and XXXXX through XXXXX.
3. On approximately XXXXX, the President of the company was informed by the controller that the company was delinquent in paying its withholding tax for the periods in question to the extent of approximately $$$$$.
4. Prior to receiving that information, the officers of the corporation were unaware that the withholding tax returns had not been filed nor paid as required.
5. After some investigation, it was discovered that the prior controller who served the corporation from XXXXX through the first part of XXXXX, had deliberately failed to file and pay the returns in question.
6. It was discovered that the former controller would have the returns prepared and the payment checks signed, however, would simply fail to remit the returns and payments. The controller took the checks and kept them at his residence.
7. The officers of the corporation were unaware of the controllers activities. The controller hid such facts from them by falsifying all internal accounting records and reports so that it appeared that the taxes were paid and the accounting books of the corporation were in balance. He also concealed any notices sent by the Tax Commission regarding the delinquencies.
8. The motives of the controller for his activities were not known. The controller did not convert the funds to his own use.
9. The original checks were recovered from the former controller, and a letter signed by the controller admitting to his activities, was received into evidence.
10. During the periods in question, the Petitioner had sufficient funds in its account or available to it through a line of credit to cover the withholding taxes in question.
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 penalties associated with the withholding tax periods in question. No waiver of the assessed interest was requested. Therefore, interest is to be calculated at the statutorily imposed rate. It is so ordered.
DATED this 3rd day of December, 1991.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco S. Blaine Willes