86-0208 - Sales and Use

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioner,                                                         )

                                                                                    :

v.                                                                                 )           INFORMAL DECISION

                                                                                    :

                                                                                    )

COLLECTION DIVISION OF THE                          :           Appeal No. 86 0208

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

                                                                                    :

            Respondent.                                                     )

_____________________________________

STATEMENT OF CASE

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

            The Petitioner presented evidence that the former CPA of the company had died.  When the new CPA, XXXXX learned of the delinquent taxes, he contacted the Utah State Tax Commission and the Internal Revenue Service.  The Internal Revenue Service abated the penalties.  XXXXX claims that XXXXX of the Utah State Tax Commission agreed to handle the matter in the same manner as the IRS.  XXXXX further claimed that XXXXX of the Utah State Tax Commission also committed to abating the penalties and interest.

            A check was submitted with restrictive endorsement, which was not accepted by the Tax Commission.  Eventually a check was written in excess of $$$$$ with a letter stating an understanding that the penalty and interest would be abated.

            XXXXX and XXXXX both testified that they are Tax Commission employees and that they have no authority to waive penalty and interest, and they never represented that the penalty and interest would be waived.

DECISION AND ORDER

            The Tax Commission is not unfamiliar with situations such as Petitioner's where a CPA or bookkeeper has been at fault resulting in delinquent returns and subsequent penalties.  In this case, the Tax Commission will continue to follow its former ruling in denying a waiver of the penalty and interest on such claims.  Further, the Tax Commission finds that there is insufficient evidence that a commitment was made by a Tax Commission employee that the penalty and interest would be waived.  The Commission further finds that the only body with the authority to waive penalty and interest is the Tax Commission itself.  No prior commitment has been made in this case for abate of penalty and interest.  The Commission declines to waive the penalty and associated interest in this matter.

            DATED this 30 day of December 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