86-1514 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX,

            Petitioner,                                                         :

v.                                                                                 :           INFORMAL DECISION

                                                                                    :

AUDITING DIVISION OF THE                                :           Appeal No. 86 1514

STATE TAX COMMISSION OF UTAH,                  )

            Respondent.                                                     :

_____________________________________

STATEMENT OF CASE

            This matter came before the Utah State Tax Commission for an Informal Hearing on XXXXX.  James E. Harward, Hearing Officer, heard the matter for the Tax Commission.  The Auditing Division was represented by XXXXX and XXXXX.  XXXXX represented the Petitioner and the Petitioner was also present.

            At the outset the Hearing Officer was informed that a stipulation had been entered into by the parties.  That stipulation was based upon the following facts:

            1.  The Petitioner went to the XXXXX located in XXXXX, Utah and explained that he owned a second residence in XXXXX, Colorado.  The vehicle was to be purchased exclusively for the use in Colorado at the second residence.

            2.  The salesman of the XXXXX represented that it could be done through XXXXX without the payment of sales tax.

            3.  Petitioner signed the documentation without carefully reviewing it for the purchase of the automobile.  A non-resident affidavit was part of the documentation which was signed.  The Petitioner relied upon the sales person to handle the matter.  Said reliance would constitute negligence and not fraud.

Based upon this, the parties agreed that the tax plus the 10% negligence penalty would be paid by the Petitioner.

DECISION AND ORDER

            Based upon the foregoing, it is the Decision and Order of the Utah State Tax Commission that the stipulation is hereby approved and ordered that the Petitioner pay the sales tax on the purchase of the XXXXX, and a 10% negligence penalty.

            DATED this 24 day June of 1987.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

                                                                                    ABSENT

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

Joe B. Pacheco                                                            G. Blaine Davis

Commissioner   Commissioner