86-0024 - Sales

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

UTAH STATE TAX COMMISSION

COLLECTION DIVISION, : AMENDED INFORMAL

) DECISION

Petitioner, : SALES TAX LICENSE

V. ) REVOCATION REQUEST

:

XXXXX, )

: Appeal No. 86-0024

Respondent. ) Sales Tax No. XXXXX &

: XXXXX

)

_____________________________________

STATEMENT OF CASE

This is an Amended Decision from an Informal Hearing regarding the sales tax license revocation of XXXXX (Respondent) requested by the Collection Division of Utah State Tax Commission (Petitioner). Sales Tax License No. XXXXX was inadvertently omitted from the Informal Decision revoking the Sales Tax License of Respondent, dated XXXXX. The Sales Tax License Revocation Hearing was held on XXXXX, at 9:00 a.m. in the offices of the Utah State Tax Commission. XXXXX and XXXXX, Hearing Officers, heard the matter for the Commission. XXXXX and XXXXX, Attorneys, represented the Taxpayer. XXXXX and XXXXX represented the Petitioner.

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

1. Respondent was issued a Sales Tax License No. XXXXX.

2. XXXXX is the successor in interest of XXXXX, an unincorporated business which was assigned the Sales Tax Account No. XXXXX. XXXXX, incurred a sales tax liability which was properly assigned to Respondent, pursuant to Utah Code Ann. 59-15-10 (1953).

3. Respondent, as XXXXX, continued to incur sales tax liability. Seven quarters are presently due and owing, commencing with the 1st quarter of XXXXX. (The 4th quarter of XXXXX, was paid and filed on time.)

4. On XXXXX, Respondent and Petitioner reached an agreement including an arrangement for Respondent to pay $$$$$ a week. Respondent failed to honor this agreement after one month.

5. Respondent was responsible for the collection of sales tax on the sale of his goods and services and was required to remit these taxes to the State Tax Commission. Utah Code Ann. 59-15-5 (1953).

6. Respondent did not properly remit the full amount of sales tax collected each quarter.

7. The Utah State Tax Commission is vested with the authority to revoke the license of "any person violating any provision of this [Sales Tax] Act . . . ." Utah Code Ann. 9-15-3 (1953).

DECISION AND ORDER

THEREFORE, IT IS HEREBY DECIDED:

1. That sales tax license, No. XXXXX, is hereby revoked for failure of XXXXX or its successor in interest, XXXXX, to comply with the provisions of the Utah Sales Tax Act, Utah Code Ann. 59-15-5 (1953).

2. That 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 (1953).

3. That Respondent is ordered to close the doors of XXXXX, and to deliver its sales tax licenses to the Utah State Tax Commission. Failure to comply with this order may result in criminal prosecution being taken against the Taxpayer.

4. The revocation of Respondent's sales tax licenses is effective immediately, unless the Respondent requests in writing, within three working days from receipt of this decision, that the Commission stay the execution of this order for thirty (30) days, provided the Respondent is able to assure that the following conditions have been met:

a. A bond has been posted in the amount of the 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 Taxpayer's company and the Utah State Tax Commission as co-owners. In addition, the Taxpayer must make weekly deposits into the account in the amount of the current accruing sales tax liability.

DATED this 12 day of June, 1986.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

Mark K. Buchi R. H. Hansen

Chairman Commissioner

Roger O. Tew Joe B. Pacheco

Commissioner Commissioner