86-0119 - Sales

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX,

                                                                                    :

            Petitioner,                                                                     )

                                                                                    :

v.                                                                                             )           INFORMAL DECISION

                                                                                    :

                                                                                    )

COLLECTION DIVISION OF THE                                      :           Appeal No. 86 0119

STATE TAX COMMISSION OF UTAH,                              )           Acct. No. XXXXX

                                                                                    :

            Respondent.                                                                 )

_____________________________________

STATEMENT OF CASE

            An Informal Hearing was held on XXXXX.  James E. Harward, Hearing Officer, heard the matter for the Utah State Tax Commission.  XXXXX represented the Petitioner.

            The Petitioner testified that the return for the period in question (XXXXX) was filed timely but the check was returned for insufficient funds.  The Tax Commission retained Petitioner's check for about three months and redeposited it, but the check still did not clear Petitioner's account.  The check finally cleared Petitioner's account six or seven months after payment was due.  The Petition for Redetermination indicates that Petitioner's check did not clear its account because its business is seasonal and during summer months business drops off by more than 40%.  Petitioner indicated that the entire amount of penalty and interest ($$$$$) should not be waived since the payment schedules need to be followed; however, Petitioner feels that the full penalty and interest assessment is unfair.

DECISION AND ORDER

            The Commission finds that Petitioner did not present any evidence which would indicate reasonable cause for the late payment of its XXXXX, sales tax.  The 10% penalty and interest was assessed according to statute.

            Therefore, it is the Decision and Order of the Utah State Tax Commission that Petitioner's Petition for Redetermination be denied.

            DATED this 12 day of November, 1986.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

Joe B. Pacheco                                                            G. Blaine Davis

Commissioner   Commissioner