02-1705

Sales Tax Revocation

Signed 1/29/03

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

TAXPAYER SERVICES DIVISION )

OF THE UTAH STATE TAX ) ORDER OF REVOCATION

COMMISSION, )

)

Petitioner, ) Appeal No. 02-1705

)

v. ) Account No. #####

)

RESPONDENT d.b.a. ) Tax Type: Sales Tax Revocation

COMPANY, )

) Judge: Chapman

Respondent. )

_____________________________________

Presiding:

Kerry R. Chapman, Administrative Law Judge

Appearances:

For Petitioner: Mr. Gale Francis, Assistant Attorney General

Ms. Jody Randall, from the Taxpayer Services Division

Mr. Richard Evans, from the Taxpayer Services Division

For Respondent: No one appeared

STATEMENT OF THE CASE

This matter came before the Utah State Tax Commission for an Initial Hearing pursuant to the provisions of Utah Code Ann. §59-1-502.5 on January 21, 2003. An attempt to reach Respondent by telephone at the time of the hearing was unsuccessful.

This matter is before the Utah State Tax Commission due to the Request for a Revocation of Sales Tax License Number #####, filed by Petitioner on October 9, 2002. The Petitioner is seeking revocation of the sales tax license pursuant to Utah Code Ann. '59-12-106(1), on the grounds that Respondent has failed to comply with the laws of the Utah Sales Tax Act.

For the periods August 2001 through July 2002, Respondent owes approximately $$$$$ in actual and estimated sales tax, penalty, and interest. Since the Respondent started operations in August 2001, it has not remitted any of the sales tax collected. Although Respondent filed sales tax returns for the periods August 2001 through April 2002, it has not filed returns since May 2002.

APPLICABLE LAW

The Commission shall, on a reasonable notice and after a hearing, revoke the license of any person violating any provisions of the Sales Tax Act, and no license may be issued to such person until the taxpayer has complied with the requirements of the Sales Tax Act. Any person required by the Sales Tax Act to collect sales or use tax within this state without having secured a license to do so, is guilty of a criminal violation as provided in Section 59-1-401. Utah Code Ann. '59-12-106(1).

DECISION AND ORDER

This account is substantially delinquent and has been in violation of the provisions of the Sales Tax Act for a significant period. The Respondent has failed to remit sales tax since it began operations in August 2001. In addition, Respondent stopped filing sales tax returns in May 2002. There exist more than sufficient grounds to require revocation of the sales tax license.

Based upon the foregoing, the Utah State Tax Commission hereby issues an Order of Default against the Respondent and revokes sales tax license number ##### for failure to comply with the provisions of the Sales Tax Act.

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

Appeals Division

210 North 1950 West

Salt Lake City, Utah 84134

Failure to request a Formal Hearing will preclude any further appeal rights in this matter.

DATED this 29^th day of January , 2003.

____________________________________

Kerry R. Chapman

Administrative Law Judge

BY ORDER OF THE UTAH STATE TAX COMMISSION.

The Commission has reviewed this case and the undersigned concur in this decision.

DATED this 29^th day of January , 2003.

Pam Hendrickson R. Bruce Johnson

Commission Chair Commissioner

Palmer DePaulis Marc B. Johnson

Commissioner Commissioner