BEFORE THE STATE TAX COMMISSION OF UTAH
v. : INFORMAL DECISION
AUDITING DIVISION OF THE : Appeal No. 86 0990
STATE TAX COMMISSION OF UTAH, ) Account No. XXXXX
STATEMENT OF CASE
This is an appeal to the Utah State Tax Commission from an audit prepared by the Auditing Division of the Utah State Tax Commission (Respondent) for the period XXXXX through 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 Commission. XXXXX represented the Petitioner. XXXXX and XXXXX represented the Respondent.
Respondent's original sales and use tax assessment summary, dated XXXXX, determined an additional tax due of $$$$$, a 10% penalty of $$$$$, and interest of $$$$$ for a total amount due of $$$$$. Respondent subsequently reduced the tax due to $$$$$ based on additional documentation supplied by Petitioner. Petitioner's original Petition for Redetermination challenged the tax assessed on labor but Petitioner stated in the hearing that this is no longer an issue. Petitioner requests a waiver of penalty and interest.
Petitioner had the burden of proof to show that penalty and interest were assessed in error. Petitioner failed to meet this burden of proof. Respondent properly assessed a 10% penalty pursuant to Utah Code Ann. § 59-15-8 (1953). Respondent also properly assessed interest pursuant to Section 59-15-8. The Tax Commission was denied the use of the money during the period in question.
DECISION AND ORDER
It is the Decision and Order of the Utah State Tax Commission that Petitioner's request for waiver of penalty and interest be denied.
The audit deficiency of $$$$$ in tax, $$$$$ in penalty, and associated interest is hereby affirmed.
DATED this 1 day of September, 1987.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis