ORDER NO. 30155 FILE CLAIM AGAINST BOND OF FORMER KERR COUNTY TREASURER Came to be heard this the 26th day of February, 2007, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Authorize the assertion of a claim on the bond of the former County Treasurer for recovery of penalties or any payments paid, or to be paid, for late payroll tax filings from March 31, 2006 and June 30, 2006, and authorize payment by Kerr County of the $12,357.72 penalty, as imposed by the LR.S., of which we received notification for the period ending March 31, 2006. 3~ is~s° I ~ y COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Mindy Williams OFFICE: County Treasurer/County Auditor MEETING DATE: February 26, 2007 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider, discuss, and take appropriate action on IRS penalty of $12,357.72 imposed on Kerr County for tax period ending March 31, 2006. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PF,RSONNEL MATTER -NAME OF EMPLOYEE: Mindy Williams/Tommy Tomlinson 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: THIS REQUEST RECEIVED BY: "THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. ~w, 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 towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ' 7Y at ?uatil73 2la)7u5 U737Y8 Deparhi~znt of the Treasury ~t, } Internal Revenue Sertice ~~ ~ UGDE ti, UT 8A2U] pU39 n711 IRS USE ONLY 7443 29 731128 29141 2fi3 Op431~ 6 AUU53524 74511u1494 TE For assistance, call: 1-800-829-0115 Nulice Nwnber: CP220 Date: February 12, 2007 ~__ '~' '~~°`.~` KERR COUNTY BAP.BARA NEMEC 700 MAIN CB 103 KERRVILLE TX ooessz ~~~~~ ~=~~ 1 s zoos D BY: 78028 Statement of Adjusiment to r oLU Account Balance Due on Account Before Adjustment Adjustment Computation Penalty -See Explanation Net Adjustment Charge Balance Due Taxpayer ldenti6cafion Number: 74-6001494 Tax Form: 941 Tax Periud: March 31, 2006 AmonntYou Orae as of: March 5, 2007 $12,357.72 $.00 $12,357.72 $12,357.72 $12,357.72 To avoid additional penalty and/or interest, please allow enough mailing time so that we receive your payment by March 5, 2007. Make your check or money order payable to The United States Treastuy. Write your taxpayer identification number on yotu payment and mail it with the stub portion of this notice. If you think we made a mistake, please call us at the number listed above. When you call, please have your payment. information and a copy of yottr tax return available. This information will help us Ylnd any payment you made that we havetit applied. Partial Paymetts Pa'y'illciii - i icnSC, iTiakc yOiL` Chcck Or n10r'iey' Or der payable t0 ihC Ulilted $iateS T•'COS'iirj:. `VV/riti Oia yvili payment your Taxpayer Identification NLUnber, the tax period and tax forni. Mail your payment with the stab below in the enclosed envelope or to the address on the front ofthis notice. Notice About Partial Payments -Generally, we apply your payment first to tax, then to penalty, and tinally to the interest you owe. Status of Your Account (Exam) This notice isn't the result of an examination of yotu return. We notify a taxpayer when we select his/her rehun for examination. „- _ ' Ycualiv and lulcresL About four N0t1Cd -The penalty andfor intarest charges on ynru accoturt arc explained on the L'ollowing pages Ifyuu want a more detailed exphmation of your penalties and interest, please call the telephone nwnbcr fisted on the wp of this notice. Yuu may call your local TRS telephone nm2iber if Qie number shown un your notica is a long-disiaitca call for you. All days mentioned in the paragraphs balow are calendar days, unless specitictilly stated otherwise Yeualtics: 11 I'cualty fur Not A?akin}; a 1'ruper Federal "l'ax Deposit Based at Yuur 12ecord of Tederal Tax Liability $12,317.72 We charged a penalty because you did not make a proper tax deposit. Conunon reasons why we charge this penalty ara_ 1'ou did not deposit your tax on time Yuu did not deposit. enough tax 1'ou paid yore tax directly to IRS You deposited your tax to tut unauthorized financial institution You did not dcpi~sit your tax electronically, as re.grured bylaw Ifyiw disagree with this penalty, see "Kemoval of Penalties" in this notice For informationabout dupusiting taxos, see Publication 15 (Circular L}, Lmployer's'fax Guide; or Publication 51 (Circular A), Agriculhtral Employer's Tax Guide (Ztatert~actl Reveruu~ Cade .c~criurr <6~<) Removal ol'Penaltics The law lets us remove or reduce penalties if you have reasonable cause or ri;ceive erroneous written advice from I12S. 12easonable Cause If you believe you. have au acceptable reasirn why IRS should remove or reduce your penalties, send us a signed explanation. Alicr we review your explanation, we will notil"y you of our decision In same cases, we may ask you to pay the tax iiz Bill before we reduce or remove the penalty for paying late. 1.rroueous Advice from IIiS y~,tc will remove your penalty if all the following apply: 1. Yuu asked IRS for advice on a spccilic issue, 2_ Yuu gave IRS complete and accurate inlom~tion, 3. y'ou rzcttvad advtce tram I12S, 4. Yuu raked on the advice IRS gave you, rind You ware pan[ilized based on the advtce IRS gave you. I'agu 2 aeq. No,: AOOi3S24 CP: 220 TIN:74-600.494 Ponn:941 Tax Period: March 31.2006 To request removal of the penalty because of erroneous advice from IRS, you should do the following: (1) complete Fornl 843, Claim for Refnul mad Request forAhceternent,~ and (2) send it to the IRS Service Center where you filed your return. The law allows you to tell the IRS where to apply your deposits within the tax return period with a deposit penalty. You have 90 days from the date of the correspondence you received showing the deposit penalty to contact the IRS if you want to specify whereto apply your deposits. ~-~': The law also allows the IRS to remove the deposit penalty if: (1) the penalty applies to the first required deposit after a required change to your frequency of deposits, and (2) you file your employment tax rehlrns by the due date. 008552 For tax forms, instructions and information visit www.irs.gov. (Access to this site will not provide you with your specific taxpayer account infornation.) E~E6E EEB 1 6 ZQQ7 D 5Y: CUT HERE Returnihisvoucherwithyowpaymenlorcon~espondeace. A:I:ou:ityawc?3r'e: `a":2,35?•;'? Your Telephone Number: Best Time to Call: You will avoid additional penalties and/or ( ) - AM PM interest if we receive your full payment by March 5, 2007 ^ Amount enclosed: ~ • Make payable to United States Treasury ' write Taxpayer Identification Number, [ax period and tax form number on payment ^ Correspondence enclosed TE 200705 ]11635 29141-365-00430-6 C 230 Intamal Revenue Servxe OGDEN, UT 84201-0039 KERR COUNTI' `.o BARBARA NEMEC 7uu MAIN CB UJ3 D ]lu ~u~u~nl~~~lu u„]l~l,n~ln n~~li~,~iu,l~,l KERRVILLE TX 78028 7460[]1494 JY KERR 01 2 2(J [7603 670 000(11235772