86-0346 - Sales

BEFORE THE STATE TAX COMMISSION OF UTAH

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COLLECTION DIVISION OF THE )

STATE TAX COMMISSION OF UTAH, : INFORMAL DECISION

) SALES TAX REVOCATION

Petitioner, :

)

: Appeal No. 86 0346

XXXXX aka, ) Sales Tax No. XXXXX

XXXXX, :

)

Respondent. :

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STATEMENT OF CASE

This is an appeal to the Utah State Tax Commission for the revocation of sales tax license No. XXXXX pursuant to Utah Code Ann. 59-15-3 (1953). 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 Commission. XXXXX and XXXXX represented the Petitioner. XXXXX represented the Respondent.

Petitioner introduced evidence that Respondent has incurred liabilities from the fourth quarter of XXXXX to the fourth quarter of XXXXX. The sales tax has been paid for a few quarters in between these dates. The total balance owing as of XXXXX, is $$$$$ based on true returns filed. Respondent stated that he was first contacted in XXXXX concerning his liability, that he has asked many times what he owes, that the Tax Commission has not responded to his request and that the Tax Commission has lied to him. Respondent disputes the penalty and interest but stated that he is willing to pay what he owes.

FINDINGS

1. Respondent was issued sales tax license No. XXXXX.

2. Respondent was responsible for the collection of sales taxes on the sale his goods and services and was required to remit these taxes to the Utah State Tax Commission. Utah Code Ann. 59-15-5 (1953).

3. Respondent did not properly collect and remit the full amount of sales tax due each quarter.

4. The Utah State Tax Commission is vested with the authority to revoke the license of "any person violating any portion of this [sales tax] act." Section 59-15-3.

DECISION AND ORDER

THEREFORE, IT IS HEREBY DECIDED:

1. That Respondent's sales tax license No. XXXXX is hereby revoked for failure to comply with the provisions of the Utah Sales Tax Act, Utah Code Ann. 59-15-5 (1953).

2. Respondent is ordered to close the doors of XXXXX aka XXXXX to business and to deliver its sales tax license to the Utah State Tax Commission. Failure to comply with this order may result in criminal prosecution being taken against the Respondent.

3. The revocation of Respondent's sales tax license is effective immediately, unless the Respondent requests in writing, within three working days from receipt of this decision, that the Commission stay the execution of this order for thirty (30) days, provided the Respondent is able to prove that the following conditions have been met:

a. A bond has been posted in the amount of the tax, penalty and interest that is currently delinquent and due. The bond must be in the form of a cashier's check, certificate of deposit, surety bond, or cash; and

b. An account has been opened in a local financial institution by the end of the first banking day following receipt of this decision. The account must name the Respondent's company and the Utah State Tax Commission as co-owners. In addition, the Respondent must make weekly deposits into the account in the amount of the current accruing sales tax liability.

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