SALES

86-0584

Signed 3/11/87

 

 

 

                  BEFORE THE STATE TAX COMMISSION OF UTAH

                   _____________________________________

 

UTAH STATE TAX COMMISSION,        :

COLLECTION DIVISION,              )

                                  :

          Petitioner,             )

                                  :    DECISION FROM

v.                                )    INFORMAL HEARING FOR

                                  :    SALES TAX REVOCATION

                                  )

XXXXX,                            :    Appeal No. 86 0584

                                  )    Sales Tax No. XXXXX

          Respondent.             :

                   _____________________________________

 

                             STATEMENT OF CASE

          This matter came before the Utah State Tax Commission for an Informal Hearing based on the Petition of the Utah State Tax Commission, Collection Division, for the Revocation of Sales Tax No. XXXXX on February 11, 1987. James E. Harward, Hearing Officer, heard the matter for and in behalf of the Tax Commission.  XXXXX appeared representing the Respondent.  XXXXX appeared representing the Petitioner.  The matter was conducted by Telephone Hearing with Petitioner being present in the Hearing Room and the Respondent being present by telephone.

          The Petitioner presented evidence that true returns were filed for the quarters of XXXXX through XXXXX with balance due and owing of $$$$$.  An agreement was made where by the Respondent would pay $$$$$ dollars down and $$$$$ a week until the balance in arrears had been paid.  The $$$$$ down was paid and two $$$$$ payments were made.  Since the initial contact in XXXXX, additional liabilities have accrued due to non filing estimates for the second, third and fourth quarter of XXXXX.

          The Respondent indicated that he was contacted by a representative of the Utah State Tax Commission; that an attempt was made to clear up the account but because of the business being undercapitalized he was unable to comply with the commitment.  He requested additional time to file the appropriate returns and set up a payment schedule that would meet the ability of the Respondent to pay.

                            DECISION AND ORDER

          Based upon the foregoing it is the Decision of the Utah State Tax Commission that the Respondent has not demonstrated sufficient means or willingness to comply with a repayment agreement.  In fact the Commission finds that the Petitioner was obligated and under responsibility to pay sales tax or to collect and remit sales tax.  The Respondent has failed to do so and is in violation of the Utah Codes requiring the collection and remittance of sales tax to the Utah State Tax Commission.  Based upon these findings the Commission revokes Sales Tax License No. XXXXX.

THEREFORE, IT IS HEREBY DECIDED:

          1.  That taxpayer'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.

          2.  That taxpayer is ordered to close the doors of XXXXX, c/o XXXXX 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 Taxpayer.

          3.  The revocation of Taxpayer's sale tax license is effective immediately, unless the Taxpayer 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 Taxpayer 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 Taxpayer's company and the Utah State Tax Commission as co‑owners.  In addition, the Taxpayer must make weekly deposits into the account in the amount of the current accuring sales tax liability.

 

          DATED this 11 day of March, 1987.

 

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

 

NOTICE: You have 30 days after the date on the Mailing Certificate to request a Formal Hearing.

 

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