85-0238 - Sales

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

UTAH STATE TAX COMMISSION )

COLLECTION DIVISION, :

)

Petitioner, :

) DECISION FROM

v. : INFORMAL HEARING

) TO REVOKE SALES TAX

XXXXX : LICENSE

c/o XXXXX, )

: Appeal No. 85-0238

) Sales Tax Lic. #XXXXX

Respondent. :

_____________________________________

STATEMENT OF CASE

This is a decision from an Informal Hearing regarding the sales tax license revocation of XXXXX (Respondent).

The Sales Tax License Revocation Hearing was held on XXXXX, at the hour of 9:00 a.m. in the offices of the Utah State Tax Commission, 160 East 300 South, Salt Lake City, Utah. James E. Harward, Hearing Officer, heard the matter for the Utah State Tax Commission. XXXXX appeared representing himself and the XXXXX. The Tax Commission was represented by XXXXX and XXXXX.

1. Petitioner presented evidence to show 1) that there is an unpaid balance due on delinquent sales taxes in excess of $8,600.00, 2) that the Respondent has paid sales tax liabilities with checks that have been returned insufficient funds.

2. The Respondent provided the following information 1) that it was his own mistake that resulted in bounced checks, 2) that he would like to list the business for sale, 3) that he does owe the money, 4) that he wants to stay open and keep the Commission informed as to what is going on, i.e. he wants 30 days to try and sell the business on his own and then he will list it with the XXXXX though Mrs. XXXXX.

DECISION AND ORDER

After reviewing the evidence and the recommendation of the Hearing Officer, the Commission makes the following determinations:

1. The Respondent was issued a sales tax license No. XXXXX.

2. Petitioner is responsible for the collection of sales tax on the sale of goods and services and is required to remit those sales taxes to the Utah State Tax Commission.

3. Respondent did not properly remit the sales tax collected to the Utah State Tax Commission.

4. The Tax Commission has vested with the authority to revoke the license of "any person violating any provisions of this [sales tax] act...". Utah Code Ann. 59-15-3.

THEREFORE, IT IS HEREBY DECIDED:

1. The Respondent's sales tax license No. XXXXX is hereby revoked for failure to comply with the provisions of the Utah Sales Tax Act. (Utah Code Ann. 59-15-5.)

2. Respondent is ordered to close the doors of his business and to deliver his sales tax license to the Utah State Tax Commission within three days from the date of this order. Failure to comply with this order may result in criminal prosecution.

3. The revocation of the Respondent's sales tax license is effective immediately unless the Respondent requests in writing within three working days from the receipt of this decision that the Commission stay the execution of this order for thirty (30) days providing the Respondent is able to prove the following conditions:

a. A bond has been posted in the amount of tax, penalty and interest that is currently delinquent and due. The bond must be in the form of a cashier's check certificate of deposit, surety bond, or cash; and

b. An account has been opened in a local financial institution by the end of the first banking day following receipt of this decision. The account must name the Tax Commission as co-owners. In addition, the Respondent must make weekly deposits into the account in the amount of the current accruing sales tax liability.

4. It is the further order of the Tax Commission that this Decision and Order be personally served on the Respondent by a representative of the Tax Commission, and that a return of service be made to the Appeal Section.

DATED this 28 day of January, 1986.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

Mark K. Buchi Joe B. Pacheco *

Chairman Commissioner

R. H. Hansen Roger O. Tew

Commissioner Commissioner

* Since the hearing on this case, Commissioner Gary C. Cornia has been replaced by Commissioner Joe B. Pacheco. Commissioner Pacheco has been duly advised of the facts and circumstances regarding this case and is qualified to sign this decision.