85-0346 - Sales

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

                                                                                    )

            Petitioner,                                                         :

v.                                                                                 )           INFORMAL DECISION

                                                                                    :

COLLECTION DIVISION OF THE                          )           Appeal No. 85-0346

STATE TAX COMMISSION OF UTAH                   :           Acct. No. XXXXX

            Respondent.                                                     :

_____________________________________

STATEMENT OF CASE

            This matter came before the Utah State Tax Commission, XXXXX for an Informal Hearing.  Presiding for and in behalf of the Utah State Tax Commission was James E. Harward, Hearing Officer.  Present for and in behalf of the Petitioner was XXXXX and XXXXX.

            The Petitioner presented evidence that the 4th quarter of XXXXX return was prepared and filed properly on XXXXX.  The return was accompanied with $$$$$ plus check #XXXXX.  On or about XXXXX, the Petitioner was notified that the Commission had assessed a penalty and filed an estimated return due to non receipt of the 4th quarter XXXXX return and payment.  Within a short period of time, Petitioner issued a substitute check #XXXXX and filed a substitute return XXXXX.

DECISION AND ORDER

            Based upon a review of the evidence presented at the hearing and the file herein, the Tax Commission finds that interest should be assessed from XXXXX to the date of payment of XXXXX.  The Commission is reluctant to impose a penalty where it does not appear that there is negligence.  The Petitioner has the duty and responsibility of the preparation and the filing of the returns.  In this case, the Petitioner has shown that the returns were prepared, that a check was issued in sequence of other checks of that date, and that the statement from XXXXX that the return and check were mailed properly on time.  It appears that the Petitioner has followed through with the appropriate procedures and, in fact, when notified of the non-receipt of the return, issued a replacement check and a duplicate return.  Therefore, the Commission (under the circumstances) will waive the penalties imposed by the Auditing Division.

            DATED this 14 day of February, of 1986.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

ABSENT

Mark K. Buchi                                                             Joe B. Pacheco

Chairman                                                                      Commissioner

R. H. Hansen                                                                Roger O. Tew