85-0233 - Sales





            Petitioner,                                                         :

                                                                                    :           Informal Decision

v.                                                                                 :


AUDIT DIVISION OF THE                                       :           and Order of Approval

UTAH STATE TAX COMMISSION,                        :

            Respondent.                                                     :           Appeal No. 85-0233

                                                                                    :           Audit Period XXXXX

                                                                                    :           Thru XXXXX



            The Petitioner has requested a Redetermination of the Statutory Notice of Deficiency dated XXXXX.  The Notice of Deficiency was as a result of an audit done by the Auditing Division of the Utah State Tax Commission.  The Petition for Redetermination was dated XXXXX.  The Auditing Division timely filed an answer to that Petition on the XXXXX.  A hearing was scheduled for this matter on XXXXX.  James E. Harward, Hearing Officer conducted the hearing for and in behalf of the Tax Commission. The Petitioner was represented by XXXXX, Controller.  The Respondent was represented by XXXXX, Assistant Director Auditing Division and XXXXX, Assistant Attorney General for the State of Utah.  At the outset of the hearing, a Stipulation was entered into by which the Petitioner would withdraw his Petition as it relates to additional tax.  Said Stipulation was based upon the issuance of an amended audit report.  The amended audit report was, in fact, issued on XXXXX and the formal request of the Petitioner to withdraw the Petition as it relates to the tax due was dated XXXXX.  A copy of the amended audit report and the letter of withdrawal is attached hereto and incorporated herein by reference.

            The sole remaining issue to be determined by the Tax Commission is the 10% negligence penalty.  The Petitioner claims its good payment record and its past cooperation with the Tax Commission are grounds for the reduction and/or waiver of the penalty.  It further cites that the error in the amended audit report is so small in relation to the entire amount of tax for that period that it is insignificant in relationship.  The audit report resulted in four areas of adjustment; 1) unreported tax on other income, 2) unreported goods consumed on XXXXX, 3) assets purchased out of state, and 4) leased equipment.


            The Tax Commission has reviewed the payment and compliance record of the Petitioner as requested.  It has also reviewed the prior audits on the Petitioner which have brought to the attention at least two of the primary areas for which the Petitioner was assessed a deficiency.  This leads the Commission to believe that the Petitioner was aware of those particular areas and should have reported them, and did not.  Therefore, the Commission finds that the penalty, as assessed by the Auditing Division, is justified.  Based on the foregoing, the Commission declines to exercise its discretionary authority to waive the penalty or any portion thereof.

            DATED this 27 day of March, 1986.


Mark K. Buchi                                                             Joe B. Pacheco

Chairman                                                                      Commissioner

R. H. Hansen                                                                Roger O. Tew

Commissioner   Commissioner