86-0227 - Sales and Use

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX,                                                                                 )

                                                                                    :

            Petitioner                                                          )

                                                                                    :

V.                                                                                )           INFORMAL DECISION

                                                                                    :

                                                                                    )

COLLECTION DIVISION OF THE                          :           Appeal No. 86 0227

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 periods January to December XXXXX, and January to December XXXXX.  An Informal Hearing was held on XXXXX, in the offices of the Utah State Tax Commission.  David J. Angerhofer, Hearing Officer, heard the matter for the Tax Commission. XXXXX represented the Petitioner.

            Petitioner stated that the business was started in XXXXX, and that Petitioner lacked knowledge concerning the intricacies of the tax laws. Petitioner got into a financial bind and let the taxes go.  Petitioner stated that the penalty and interest were paid but were incorrectly assessed a second time three years after the original penalty and interest were paid.  Petitioner also questioned how a Notice of Warrant and Demand for Payment of Taxes dated XXXXX, and a letter from Account Verification dated XXXXX, (three weeks later) could differ by $$$$$$ in the total amounts due.

FINDINGS

            Petitioner was assessed a penalty and interest twice, but the first penalty and interest, assessed on May 15, XXXXX, was based on an estimated return.  When the true returns were later filed on February 21, XXXXX, penalty and interest were assessed on this amount and credit was given for the amount paid for tax, penalty and interest based on the estimated return for XXXXX and XXXXX.

            Petitioner was given credit as follows: On June 15, XXXXX, Petitioner paid $$$$$ (the total tax, penalty and interest for XXXXX and XXXXX, based on an estimated return).  On July 10, XXXXX, Petitioner paid $$$$$ to be applied to the actual tax liability.  On February 15, XXXXX, Petitioner paid $$$$$ to be applied to the sales tax only for XXXXX, XXXXX, and XXXXX.  The XXXXX tax was $$$$$.  This left $$$$$ to be applied to the XXXXX and XXXXX tax years.  Thus, the total credits for the tax years XXXXX and XXXXX amount to $$$$$.

            The total liabilities for the tax years XXXXX and XXXXX are as follows: For XXXXX, Petitioner owes a tax of $$$$$, a penalty of $$$$$, and interest of $$$$$, for a total of $$$$$.  For the tax year XXXXX, Petitioner owed a tax of $$$$$, a penalty of $$$$$, and interest of $$$$$ for a total of $$$$$.  The total liabilities for XXXXX and XXXXX amount to $$$$$.

            The total liability of $$$$$ less the total credit of $$$$$ leaves a balance due of $$$$$, the amount stated in the July 1, XXXXX, letter from Account Verification.  All penalty and interest have been properly assessed in this case and are accurately stated in the July 1, XXXXX, letter.

            There is a discrepancy in the warrants of June 5, XXXXX, and the letter of July 1, XXXXX, because the warrants are in error.  The warrants of June 5, XXXXX, only include the assessed interest as of February 21, XXXXX.  The letter of July 1, XXXXX, properly includes both the assessed interest and the accrued interest as of July 16, XXXXX.  Interest shall continue to accrue on this account until it is paid in full because of a Tax Commission policy that all payments are applied first to penalty then to interest and then to tax.

DECISION AND ORDER

            It is the Decision and Order of the Utah State Tax Commission that Petitioner's request for waiver of penalty and interest on sales and use tax account No. XXXXX for the tax years XXXXX and XXXXX be denied.

            The assessment of penalty and interest by the Collection Division of the Utah State Tax Commission is hereby affirmed.

            DATED this 15 day of January, 1987.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

                                                                                                ABSENT

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

Joe B. Pacheco                                                            G. Blaine Davis

Commissioner   Commissioner