92-1807 - Withholding

BEFORE THE UTAH STATE TAX COMMISSION

_______________________________

In Re: )

:

XXXXX, XXXXX, XXXXX, ) FINDINGS OF FACT,

XXXXX & XXXXX, : CONCLUSIONS OF LAW,

) AND FINAL DECISION

:

) Appeal No. 92-1807

: 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, Petitioner's office administrator.

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 the year XXXXX.

3. Petitioner was assessed a $$$$$ penalty for failing to timely remit its W-2 forms on all of its employees for XXXXX.

4. These forms (also known as the annual reconciliation report) were due to the Tax Commission by XXXXX.

5. Petitioner lost its office manager in late XXXXX/early XXXXX.

6. Petitioner's new office manager then took over, not knowing that the previous manager had not submitted the W-2 forms at year's end in XXXXX.

7. On XXXXX, the Auditing Division sent Petitioner a notice, requesting the necessary documentation within ten days.

8. When Auditing did not receive the records it had requested, the $$$$$ penalty was attached.

9. Petitioner's office manager claims she sent Auditing XXXXX W-2 forms instead of XXXXX.

10. By XXXXX, Petitioner and Auditing straightened out the misunderstanding and Petitioner gave Auditing the XXXXX reconciliation report.

11. Upon receiving the report, Auditing conducted an audit and assessed Petitioners another $$$$$ for underreporting.

12. It is also interesting to note that Petitioner was late filing its third and fourth quarter withholding returns for XXXXX as well as the first quarter of XXXXX. Petitioner does not dispute the penalty and interest assessments on those quarters.

13. The Auditing Division claims that the $$$$$ penalty is in order as Petitioner did not respond to the first statutory notice within ten days.

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 $$$$$ associated with the XXXXX annual reconciliation report. The remaining penalty amount ($$$$$) is not waived. It is so ordered.

DATED this 25th day of February, 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