92-1776 - Withholding

BEFORE THE UTAH STATE TAX COMMISSION

_________________________________

In Re: )

:

XXXXX, ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

) AND FINAL DECISION

:

) Appeal No. 92-1776

: Account No. XXXXX

___________________________

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, president of 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 years XXXXX and XXXXX.

3. Petitioner was initially assessed an $$$$$ penalty for failing to file copies of W-2 forms at the end of XXXXX and XXXXX.

4. Petitioner, only in business since XXXXX, admits that it did not submit the W-2 forms in question.

5. Mr. XXXXX, president of the company, testified that he had attended a Tax Commission seminar to learn about his tax liabilities right after he started his business. He doesn't recall being told about needing to send in W-2 forms at the end of the year.

6. Petitioner did file and pay its withholding taxes on time for all quarters in XXXXX and XXXXX.

7. During the period in question, Petitioner only had three employees plus some help from family members.

8. The Tax Commission contacted Petitioner in XXXXX for the W-2 forms. Petitioner feels that two years is too long to wait for the Tax Commission to discover deficiencies.

9. XXXXX of the Auditing Division stated that the state has over 40,000 withholding accounts to deal with, attributing to the delay.

10. The Tax Commission previously reduced Petitioner's penalty to $$$$$. In a notice to Petitioner from the Tax Commission, however, it states that the penalty was reduced to $$$$$.

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 further reduction of the penalty associated with the W-2 forms due on the years XXXXX and XXXXX. The Commission directs the Auditing Division to assure that Petitioner's penalty is $$$$$ for the period in question and not $$$$$ as the computer record is currently showing. It is so ordered.

DATED this 12th day of March, 1993.

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