BEFORE THE UTAH STATE TAX COMMISSION
UTAH STATE TAX COMMISSION :
COMPLIANCE DIVISION, )
: DECISION FROM INFORMAL
v. ) HEARING TO REVOKE SALES
: TAX LICENSE
DBA XXXXX : Appeal No. 85-0214
) Sales Tax No. XXXXX
STATE OF UTAH, :
STATEMENT OF CASE
Application has been made by the Utah State Tax Commission Compliance Division for the revocation of Sales Tax License No. XXXXX. An Informal Hearing was held on XXXXX. The Hearing was conducted by James E. Harward, Hearing Officer for the Utah State Tax Commission. XXXXX appeared for the Compliance Division of the Tax Commission. The Respondent was present at the Hearing.
The Compliance Division presented evidence that no returns had been filed for the quarters commencing with the fourth quarter of XXXXX through the second quarter of XXXXX. An estimated sales tax liability was made by XXXXX in the amount of $$$$$. That figure has penalty and interest added to it making a total liability of $$$$$. Numerous attempts were made by the Compliance Division to have the Respondent file sales tax returns for the periods referenced above. The Respondent was uncooperative in that he would not supply the information requested and was not truthful with the Compliance Division representative. The Petitioner presented other evidence that based on the performance record of the Respondent, there is little likelihood of payment of the obligation.
Respondent presented evidence that filings were not made. The reason why they were not made was because he did not have the money to pay them even though he had been collecting sales tax on each transaction. He further stated that he did not have the money to pay them at the time of the hearing. In addition, he had other personal problems during this period.
DECISION AND ORDER
Based upon the evidence presented at the Informal Hearing, it is the Decision and Order of the Utah State Tax Commission that Sales Tax License No. XXXXX be revoked.
This Decision is based upon the Respondent's failure to file sales tax returns and to remit the sales tax collected in violation of Utah Code Section 59-15-5, failure to correspond with or cooperate with the Petitioner's representative, and the likelihood that the sum due and owing cannot be paid by the Respondent.
It is the further order of the Tax Commission that a representative of the Tax Commission serve this Order upon the Respondent and, thereupon, seize the Sales Tax License No. XXXXX.
If the license is not in the possession of the Respondent, the Respondent is ordered to deliver it to the Utah State Tax Commission within 24 hours from the date of this Order.
The Respondent is hereby ordered to close the doors of its business. Failure to comply with this Order may result in criminal prosecution.
The Respondent may request in writing within three (3) working days from the receipt of this Decision that the Commission stay the execution of this Order for thirty (30) days provided the Respondent is able to prove that the following conditions have been met:
A bond has been posted for the tax, penalty and interest. The bond must be in the form of a cashiers check, certificate of deposit, surety bond or cash.
DATED this 25 day of October, 1985.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
Mark K. Buchi Gary C. Cornia
R. H. Hansen Roger O. Tew