86-0133 - Sales

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

COLLECTION DIVISION OF THE )

UTAH STATE TAX COMMISSION, :

)

Petitioner, : INFORMAL DECISION

)

v. :

) SALES TAX REVOCATION

:

XXXXX, )

:

Respondent. ) Appeal No. 86-0133

: Sales Tax No. XXXXX

)

_____________________________________

STATEMENT OF CASE

This is a Decision from an Informal Hearing regarding the sales tax license revocation of XXXXX, c/o XXXXX (Respondent) requested by the Collections Division of the Utah State Tax Commission (Petitioner).

The Sales Tax License Revocation Hearing was held on XXXXX, at 2:00 p.m. in the offices of the Utah State Tax Commission. James E. Harward, Hearing Officer, heard the matter for the Tax Commission. The Respondent did not appear.

After reviewing the evidence presented and the written documentation submitted, the Commission makes the following determinations:

1. Respondent was issued a sales tax license No. XXXXX c/o XXXXX. Respondent was a partnership at the time.

2. 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).

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

4. 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. 59-15-3 (1953).

5. Respondent was personally served with the Notice of Hearing which warned the Respondent of the adverse consequences of failure to appear.

6. When Respondent did not appear at the hearing, a ten day order to show cause was issued giving Respondent 10 days to show why the relief requested by Petitioner should not be granted. Respondent did not respond.

DECISION AND ORDER

THEREFORE, IT IS HEREBY DECIDED:

1. 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).

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

3. The revocation of Respondent's sales tax license 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 prove 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 Respondent's company and the Utah State 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.

DATED this 11 day of July, 1986.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

ABSENT

Mark K. Buchi R. H. Hansen

Chairman Commissioner

Roger O. Tew Joe B. Pacheco

Commissioner Commissioner