85-0047 - Sales

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX )

:

)

Appellant, :

) DECISION OF

v. : INFORMAL HEARING

)

UTAH STATE TAX COMMISSION :

) Appeal No. 85-51-0047

: Acct. No. XXXXX

)

Respondent. :

_____________________________________

STATEMENT OF FACTS

This matter came on for Informal Hearing before the Utah State Tax Commission, XXXXX. Presiding for and in behalf of the Utah State Tax Commission were XXXXX, Commissioner, acting as Presiding Officer, XXXXX, Hearing Officer, and XXXXX, Hearing Officer.

Present for and in behalf of the Petitioner, XXXXX is XXXXX, President of XXXXX.

The Commission had previously waived all penalties after a showing that the return were currently filed and payment enclosed. The Commission, however, refused to waive the interest claiming that the petitioner had the economic benefits of the money.

During the course of the hearing, the Taxpayer presented a letter from the XXXXX, which indicated that interest did not accrue on the money, and that no other economic benefits accrued to the Taxpayer as a result thereof.

CONCLUSION AND DECISION

Based upon the foregoing facts and the evidence presented at the hearing, it is the Decision of the Commission that interest be waived and that the Taxpayer be refunded all penalties and interest if appropriate.

DATED this 27 day of June, 1985.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

Mark K. Buchi Gary C. Cornia

Chairman Commissioner

G. Ellsworth Brunson Marthe F. Dyner

Commissioner Commissioner