BEFORE THE UTAH STATE TAX COMMISSION
Petitioner, : ORDER
v. : Appeal No. 93-0998
COLLECTION DIVISION OF THE :
UTAH STATE TAX COMMISSION, :
Respondent. : Tax Type: Withholding Tax
STATEMENT OF CASE
This matter came before the Utah State Tax Commission for a Settlement Conference pursuant to the provisions of Utah Code Ann. §59-1-502.5, on XXXXX. G. Blaine Davis, Administrative Law Judge, heard the matter for and on behalf of the Commission. Present and representing Petitioner was Mr. XXXXX, Controller and Treasurer of Petitioner. Present and representing Respondent were Mr. XXXXX, Legal Manager and Ms. XXXXX from the Collection Division of the Utah State Tax Commission.
The issue in this proceeding is a request for waiver of the penalty and interest for the late filing and payment of the XXXXX payroll withholding tax.
The XXXXX return was either seven days late or eight days late. The petitioner represented that it was seven days late, and the respondent acknowledges that it was received at the Tax Commission within eight days of the due date, together with payment of the full amount of taxes due thereon.
Petitioner represented that the delinquency was caused because of a change in the total system of the computers which was in process at the end of the year, and also because he was personally ill with the flu between Christmas and New Years and was not back in the office until the second or third of XXXXX, and it was another day or two before he discovered that the return had not been prepared, filed and paid. He thereafter immediately prepared the return and filed it, together with payment thereon.
Over the last eight or nine years, Petitioner has had three or four other periods when the returns were not filed and paid by the due date, but filing and payment have not been a serious problem for Petitioner.
DECISION AND ORDER
Based upon the information presented at the conference, and the records of the Tax Commission, the Commission finds sufficient cause has been shown to waive the penalty, but sufficient cause has not been shown to waive the interest assessed for the month on XXXXX, XXXXX payroll withholding tax return.
This decision does not limit a party's right to a formal hearing. However, this Decision and Order will become the Final Decision and Order of the Commission unless any party to this case files a written request within thirty (30) days of the date of this decision to proceed to a Formal Hearing. Such a request shall be mailed to the address listed below and must include the Petitioner's name, address, and appeal number:
Utah State Tax Commission
210 North 1950 West
Salt Lake City, Utah 84134
Failure to request a Formal Hearing will preclude any further administrative action or appeal rights in this matter.
DATED this 23rd day of March, 1995.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
W. Val Oveson Roger O. Tew
Joe B. Pacheco Alice Shearer