92-1835 and 92-1836 - Withholding

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

In Re: :

XXXXX )

:

FINDINGS OF FACT, )

CONCLUSIONS OF LAW, )

AND FINAL DECISION )

:

: Appeal Nos. 92-1835

: & 92-1836

: Account Nos. XXXXX

: 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, the owner.

Based upon the evidence and testimony presented at the hearing, the Tax Commission hereby makes its:

FINDINGS OF FACT

1. The taxes in question are sales and use tax and withholding tax.

2. Petitioner is requesting a waiver of the penalty and interest assessments associated with the sales and use tax for the following quarters: fourth quarter XXXXX; first quarter XXXXX; first, second and third quarters XXXXX; and second quarter XXXXX.

3. Petitioner is requesting a waiver of the penalty and interest assessment associated with the withholding tax for the following quarters: fourth quarter XXXXX; all quarters XXXXX; all quarters XXXXX; first, second and third quarters XXXXX; first, second and third quarters XXXXX; and first quarter XXXXX.

4. Petitioner was additionally penalized for failing to file W-2 forms at year's end for XXXXX, XXXXX, and XXXXX.

5. XXXXX, presently the sole owner of XXXXX, started the business in question with her husband in XXXXX. She, her husband and a stepdaughter were the directors of the company.

6. XXXXX handled the labor and design part of the business while her husband, the company vice-president, took care of the bookkeeping and other aspects.

7. XXXXX, a shareholder in the business, would sign tax forms that her husband prepared. She believed that he was sending the forms with payment to the proper taxing agency.

8. In XXXXX and XXXXX, her husband told her that finances were tight and that it would be necessary to spend funds differently.

9. XXXXX was not aware of any inability to meet tax obligations during this time.

10. In XXXXX, XXXXX took over the business as she divorced her husband and he left the company.

11. Then, XXXXX learned from phone calls and late notices from the Tax Commission that Petitioner had outstanding tax liabilities with the I.R.S., XXXXX County, and the state.

12. Petitioner recently paid just under $$$$$ in delinquent property taxes.

13. XXXXX is requesting a waiver of the penalties and interest amounts as she feels that she should not be held accountable for her ex-husband's misdeeds.

14. Petitioner had not timely filed and paid any of the quarters 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

Officers and directors of a corporation are responsible for how the corporation is run. In this case, XXXXX should have apprised herself of the company's financial status. Leaving the task to another officer does not relieve her of liability. Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of the penalties and interest associated with the taxes in question for the periods referred to above. It is so ordered.

DATED this 12 day of March, 1993.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco S. Blaine Willes

Commissioner Commissioner