86-0222 - Sales and Use

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

                                                                                    :

            Petitioner,                                                         )

                                                                                    :

v.                                                                                 )           INFORMAL DECISION

                                                                                    :

                                                                                    )

COLLECTION DIVISION OF THE                          :           Appeal No. 86 0222

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

                                                                                    :

            Respondent.                                                     )

_____________________________________

STATEMENT OF CASE

            This is an appeal to the Utah State Tax Commission from a decision of the Collection Division of the Utah State Tax Commission (Respondent) to assess penalty and interest on Sales and Use Tax Account No. XXXXX for the period from the fourth quarter of XXXXX through the first quarter of XXXXX.  An Informal Hearing was held on XXXXX, in the offices of the Utah State Tax Commission.  James E. Harward, Hearing Officer, heard the matter for the Commission.  XXXXX represented the Petitioner.

            In XXXXX Petitioner bought the XXXXX as a retirement investment.  Petitioner's parents ran the store until Petitioner could retire and take over.  Petitioner turned the business entirely over to his parents, trusting that the parents would take care of all business transactions including the payment of taxes.  The parents frequently assured Petitioner that all was well and that taxes were being paid every three months.  Not until April of XXXXX was Petitioner notified that there was any problem with the payment of taxes.

            Respondent determined that $$$$$ in back taxes were due for the period from October of XXXXX through March of XXXXX.  Respondent assessed a penalty of $$$$$ and interest of $$$$$.

            Petitioner released his parents from the management of the store, but by this time was left with almost $$$$$ in debt.  Petitioner sold the store in November of XXXXX, mortgaged his home, took out a loan from a bank and made an agreement with one creditor in which Petitioner would build a home to pay off a particular debt.  Petitioner has paid the tax and interest due on account No. XXXXX and requests a waiver of the penalty.

Findings

            Petitioner was responsible to insure that the store was being properly managed.  It is apparent that the parents withheld material information from Petitioner, i.e., that taxes and other bills were not being paid.  However, the withholding of this material information could easily have been discovered by simply prudent business practices of reviewing books including business receipts, business expenses, and quarterly tax payments as well as check stubs and check ledgers.  The Tax Commission is sympathetic with the plight and circumstances of the Petitioner but finds no compelling reason to deviate from the statutory requirements to impose the penalties.

DECISION AND ORDER

            It is the Decision and Order of the Utah State Tax Commission that the penalty on Account No. XXXXX from the fourth quarter of XXXXX through the first quarter of XXXXX be sustained.

            DATED this 15 day of October, 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