91-1442 - Withholding Tax

 

BEFORE THE UTAH STATE TAX COMMISSION

________________________________

XXXXX ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

v. : AND FINAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 91-1442

UTAH STATE TAX COMMISSION, :

: Account No. XXXXX

Respondent. : Tax Type: Withholding

_________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. Lisa L. Olpin, 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 periods in question are the third and fourth quarters of XXXXX.

3. Petitioner filed its third quarter XXXXX withholding tax return with payment in the amount of $$$$$ XXXXX late.

4. Petitioner filed its fourth quarter XXXXX withholding tax return with payment in the amount of $$$$$ a week late.

5. Petitioner was assessed a ten percent penalty for each quarter, plus interest.

6. In XXXXX, Petitioner switched its payroll from an outside payroll service to in house. A new employee was trained during the XXXXX to handle the payroll. She was supervised by XXXXX.

7. XXXXX saw the withholding tax checks for the quarters in question when they were ready for mailing.

8. XXXXX later learned that the new payroll clerk had failed to mail the checks timely. She did not understand that failure to send them on time caused significant penalties for Petitioner. The payroll clerk had paid other bills before sending out the withholding tax checks.

9. Petitioner has been late in filing and paying withholding taxes in the past for other reasons. Petitioner was attempting to clear up bookkeeping problems by moving the payroll in house when this occurred.

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 not been shown which would justify a waiver or reduction of the penalties assessed or the third and fourth quarters of XXXXX. It is so ordered.

DATED this 13th day of February, 1992.

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