86-0150 - Sales

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

                                                                                    :

            Petitioner,                                                         )

v.                                                                                 )           INFORMAL DECISION

                                                                                    :

                                                                                    )

COLLECTION DIVISION OF THE                          :           Appeal No. 86 0150

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

                                                                                    :

            Respondent.                                                     )

_____________________________________

STATEMENT OF_CASE

            This matter came before the Tax Commission for an Informal Hearing on XXXXX.  James E. Harward, Hearing Officer, heard the matter for the Tax Commission. XXXXX and XXXXX appeared representing the petitioner.

            The Petitioner presented evidence that the present company started as XXXXX and later developed into a leasing company called XXXXX.  It worked in a business relationship with a company called XXXXX.  The Auditing Division of the State Tax Commission conducted an audit and determined a deficiency.  This deficiency was adjusted on several occasions because the Petitioners provided exemption certificates from the companies with whom they were dealing.  Unfortunately XXXXX went out of business and an exemption certificate was not available at the time the audit was conducted.

            The Petitioner paid the tax and approximately $$$$$ of the interest.  There remains outstanding a portion of the interest and penalty.  The Petitioner has requested a waiver of the remaining interest and the penalty and cites justification as follows:

            1.  The tax deficiency was questionable.

            2.  The company is no longer in business and has no assets.

            3.  The tax of $$$$$ has, in fact, been paid and interest in the sum of $$$$$ has been paid.

DECISION AND ORDER

            Based upon the foregoing, it is the Decision and Order of the Utah State Tax Commission that the penalty be reduced to $$$$$ and the remaining interest be reduced proportionately.

            DATED this 20 day of November, 1986.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

                                                                                                ABSENT

Joe B. Pacheco                                                            G. Blaine Davis

Commissioner   Commissioner