86-0334 - Sales

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX, )

:

Petitioner, )

:

v. ) INFORMAL DECISION

:

)

COLLECTION DIVISION OF THE : Appeal No. 86 0334

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 second quarter of XXXXX. An Informal Hearing was held on XXXXX, in the offices of the Utah State Tax Commission. XXXXX, Tax Appeals Supervisor, heard the matter for the Commission. XXXXX and XXXXX represented the Petitioner.

The tax due for the second quarter of XXXXX was $$$$$. Petitioner paid the tax on XXXXX.

Respondent assessed a 10% penalty of $$$$$ and interest of $$$$$ as of XXXXX.

Petitioner stated that taxes were not timely paid because an employee embezzled approximately $$$$$ from the company. This included the money that was set aside to pay the sales and use tax. Petitioner stated that employee has been prosecuted and subsequently found guilty of embezzlement. Petitioner requests a waiver of penalty and interest.

FINDINGS

Respondent properly assessed a 10% penalty pursuant to Utah Code Ann. 59-15-8(1953). However, the Tax Commission exercises its discretion and waives the penalty in this case because of the embezzlement.

Interest was properly assessed on this account since the Tax Commission was denied the use of the money for the period in which the return was late.

DECISION AND ORDER

It is the Decision and Order of the Utah State Tax Commission that penalty on sales and use tax account No. XXXXX for the second quarter of XXXXX be waived.

Interest has been properly assessed on this account.

The Collection Division of the Utah State Tax Commission is hereby ordered to adjust its records in accordance with this decision.

DATED this 9 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