BEFORE THE STATE TAX COMMISSION OF UTAH
v. ) INFORMAL DECISION
AUDITING DIVISION OF THE : Appeal No. 86-0648
STATE TAX COMMISSION OF UTAH, ) Audit Period XXXXX
STATEMENT OF CASE
This is an appeal to the Utah State Tax Commission from a decision of the Auditing Division of the Utah State Tax Commission (Respondent) to assess tax, penalty, and interest on the purchase by Petitioner of a 1986 Toyota 4X4 Pickup from XXXXX Toyota in XXXXX, Utah. Petitioner filed a Petition for Redetermination on XXXXX. Petitioner then filed for Chapter 7 bankruptcy on XXXXX (Case No. XXXXX). The Chapter 7 was discharged on XXXXX, and was closed on XXXXX. By letter dated XXXXX, Jerry E. Larrabee, Tax Appeals Supervisor, gave Petitioner ten days in which to request a hearing before the Tax Commission. Petitioner did not respond. Therefore, the Tax Commission decides this matter based on the materials in the file.
Petitioner stated that he was advised by the dealership that he should license the vehicle in Idaho because of his frequent traveling to and from Idaho. Petitioner requested a credit against the tax that he paid in Idaho, $$$$$, which would leave a balance due of tax of $$$$$. Petitioner stated that he was willing to pay the interest and a 10% penalty on the total amount due to Utah.
Respondent calculated a tax due of $$$$$ (at 5.75%) on a tax base of $$$$$. Respondent assessed a 100% fraud penalty of $$$$$ and interest at 1% per month from XXXXX, to XXXXX, of $$$$$ for a total amount due of $$$$$.
Petitioner executed a nonresident affidavit on XXXXX, when he purchased the vehicle tax exempt from XXXXX Toyota in XXXXX, Utah. Petitioner stated on the affidavit that he was a nonresident of Utah residing at XXXXX, Idaho. Petitioner, in fact, lives at XXXXX in XXXXX, Utah, and is listed in the XXXXX telephone directory at that address. Petitioner claimed residency from XXXXX, through XXXXX, on a Utah part year resident individual income tax return for XXXXX. This return indicated that Petitioner's address was XXXXX XXXXX, Utah, and is dated XXXXX.
Petitioner's credit application signed on XXXXX, lists his address as XXXXX, XXXXX, Utah XXXXX.
Petitioner further stated on the nonresident affidavit that he has not been a resident of Utah within the past 60 days. The Tax Commission, however, finds that the Petitioner was a resident of Utah as of XXXXX.
The Utah State Tax Commission will not allow Petitioner to receive credit for the Idaho tax paid. The tax was properly due to Utah, and the Petitioner is required to remit the full $$$$$. Petitioner should seek a refund from Idaho once the Utah tax is paid.
The Tax Commission finds that Petitioner's actions have risen to the level of negligence. A l0% penalty is properly assessed on the full amount of sales tax due to Utah. Petitioner's actions, however, have not risen to the level of fraud.
DECISION AND ORDER
It is the Decision and Order of the Utah State Tax Commission that Petitioner's Petition for Redetermination be denied. Petitioner is liable for sales tax in the amount of $$$$$, a 10% penalty of $$$$$, and interest assessed at 1% per month from XXXXX, to the date the account is finally settled. Interest shall be tolled during the period this matter was in bankruptcy.
The Auditing Division of the Utah State Tax Commission is hereby ordered to adjust its records in accordance with this decision.
DATED this 26 day of June, 1987.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis