ORDER NO. 30008 IRS MEETING OF NOVEMBER 7, 2006 Came to be heard this the 13th day of November, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Direct the Treasurer and/or Auditor to transmit the penalty and interest funds due in this matter today to the IRS to stop additional penalty and interest from accruing with the funds to come from Contingency account in Non- Departmental (in the amount of $12,650.97 as of 11-06-2006). 3 DDO~ f'~' COMMISSIONERS' COURT AGENDA REQUEST ~` PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Barbara Nemec OFFICE: Treasurer MEETING DATE: TIME PREFERRED: November 13, 2006 SUBJECT: Consider, Discuss and take appropriate action as a result of meeting with IRS on November 7a', 2006 i reference to Tax Period June 30, 2006 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)Involves employee NAME OF PERSON ADDRESSING THE COURT: Bazbaza Nemec E_ _ IMATED LENGTH OF PRESENTATION: 15 mins. IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. MEMORANDUM TO: COUNTY JUDGE & COMMISSIONERS FROM: BARBARA NEME~~~ DATE: NOVEMBER 06, 2006 RE: MEMO DATED NOVEMBER 03, 2006 CC: COUNTY AUDTTOR COUNTY ATTORNEY After further researching IRS notice number CP 102 I realized they are making reference to the May 31, 2006 tax deposit. I have documentation dated May 31, 2006 which shows Jacqui tried to send the 941 electronically and it gave her several verification documents with the 5-31-06 date. I will "~ be going to San Antonio in the morning to show all this documentation to the TRS representative. Ihave invited Eva &Jacqui to go with me and we will report to the court on November 13~', 2006 the results of our meeting. Since it involves an employee (Jacqui) I have requested it be discussed in executive session. ~. ,e. /,~ p/ a~ o .~Jas;Gait~ ~f ~ze~ COUNTY TREASURER KERR COUNTY COURTHOUSE KERRVILLE, TEXAS 78028 November 13, 2006 Internal Revenue Service Ogden, UT 84201-0038 RE: Kerr County ID# 74-6001494 The county received your letter dated November 6, 2006 assessing penalties for late payment of payroll taxes for Form 941 for the quarter ended June 30, 2006. Please note the attachment which shows that the deputy clerk for the taxpayer initiated a timely wire transfer for the payroll taxes that were due on June 2, 2006. The attachment indicates that the wire transfer was initiated on May 31, 2006. The wire transfer verification (attached) indicates that the payroll tax deposit for the May 30, 2006 payroll was made timely and in good order. Only later, once the bank reconciliation was reviewed, was the county treasurer Tyra able to see that the transfer never occurred. At that point, the taxes were deposited immediately. When these payroll taxes were originally due, the county treasurer confirmed with the deputy clerk that, indeed, the payroll tax deposit had been made timely. It was the county treaswer's full understanding that the tax deposit had been made as usual. The verification (attached) shows that the tax deposit was initiated, but upon further investigation it is cleaz that there was a breakdown in completion of the transaction. In order to prevent this problem from recurring, the taxpayer will now begin to make payroll tax deposits using the Electronic Federal Tax Payment System (EFTPS) directly rather than using the wire transfer method used previously. The EFTPS system provides a deposit record and trace number that can be used as a receipt. The taxpayer regrets that the tax payments were not made on time and is making every effort to comply. Steps have been taken to ensure timely payment and verification in the future. Please know that the taxpayer is prudently applying the federal tax deposit laws. Due to the circumstances described above, I respectfully request that the penalties assessed be waived. Thank you for yow consideration of this matter. Respectfully, •. } Bazbaza Nemec County Treasurer FX :Commercial :Wire Transfers ~~ ^CASH MANAGEMENT MENU Wire Add Cutoff Time: ^ PENDING TRANSFERS 1:00 pm CDT ® PENDING ACH TRANSFERS ~~?; HELP Repetitive Wire Transfer -Editing Template ;~E{~1d1E~: Template Name: KERR CO. 941 TAX PAYT Name: Kerr Gounty Treasurer Tax fD #: 746001494 Address: 700 Main Street BA104 City: Kemille State: Texas ZIPlPostal Code: 78028 Phone Number: 830-792-2275 Account to Debit: Checking 1013531 Amount: $90431.28 ~1_EASE SEND Ta Beneficiary's Full Name: KERR CO 74-6001494 Beneficiary's Address 1: 700 MAIN RM BA 104 Beneficiary's Address 2: Beneficiary's City: KERRVILLE Beneficiary's State: Texas ZIPlPostal Code: 78028 * ri?;^,~'ii d"~4 f{ ~"S lihi d°I ~-~4'71~i~a yo-' _~i.i.'?u 1 i 3 '~1 Pdr ~~+ti n fit.. tii~J Account Number: IRS ACCT# 20094900 Transit Routing #: 091036164 Page 1 of 2 ^ PENDING WIRE TRANSFERS '~',QS ~0 fib' Editable? Editable? ® Editable? ® Editable? ® Editable? tt Editable? Editable? k k k https://secure.fundsxpress.com/piles/fxweb.pileltransferslwire xfer/repetitive detail?focu . 05/3112006 FX :Commercial :Wire Transfers Page 2 of 2 Institution Name: FRB MPLS ETA = Institution City: MINNEAPOLIS = Institution State: Minnesota = CONTROL NAME-KERR Additionallnformation: TAx TYPE- 941 (140 Characters maXlmlJm) FED. TAX DEP. - 94106 FILING YEAR - 06 FILING MO.- MAY Save Template Delete Template Cancel Reset Form HELP ?iur'1 to tap ® 4999-2006 FurWSXpress Financial Network, Inc. Service A reement All Rights Reserved - ~--- Privacy Statement https://secure.fundsxpress.com/piles/ficweb.pile/transfers/wire_xfer/repetitive detail?focu... 05/31/2006