86-0069 - Sales

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX,

                                                                                    :

            Petitioner,                                                                     )

                                                                                    :

v.                                                                                             )           INFORMAL DECISION

                                                                                    :

                                                                                    )

COLLECTION DIVISION OF                                               :           Appeal No. 86 0069

STATE TAX COMMISSION OF UTAH,                              )           Account No. XXXXX

                                                                                    :

            Respondent.                                                                 )

_____________________________________

STATEMENT OF CASE

            An Informal Hearing was held before the Utah State Tax Commission on June 16, XXXXX.  Presiding for and in behalf of the Utah State Tax Commission was XXXXX, Hearing Officer.  The Petitioner, XXXXX, was represented by XXXXX, the owner; and the Respondent was not represented.

            Petitioner testified that he had never been late before and when the present discrepancy was brought to his attention, he paid the amount owing immediately.  Petitioner also testified that the error was due to the fact that he had a new accountant, and he argues that it was unfair to assess a penalty to him when it was a mistake made by his accountant.

            Although the Tax Commission has the power to assess the full penalty, even when mere negligence is the explanation for failure to pay the tax, it is within the discretion of the Commission to reduce penalties in the interest of fairness.

DECISION AND ORDER

            Based upon the foregoing facts and evidence presented at the Hearing, it is the Decision of the Commission not to exercise its discretionary power to waive or reduce the penalty.

            DATED this 3 day of September, 1986.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

Joe B. Pacheco