86-1712 - Sales & Use

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

COLLECTION DIVISION OF THE

UTAH STATE TAX COMMISSION, :

Petitioner, :

:

v. : INFORMAL DECISION

: SALES TAX LICENSE REVOCATION

:

XXXXX, )

: Appeal No. 86 1712

Respondent. : Sales Tax License No. XXXXX

_____________________________________

STATEMENT OF CASE

Petitioner requested an Informal Hearing regarding the sales tax license revocation of Respondent. Petitioner claims that Respondent is in arrears on its sales tax liability in the amount of $$$$$ for the liability periods of XXXXX: XXXXX; and XXXXX. An Informal Hearing was scheduled for XXXXX at 9:00 a.m., in Room 504 of the Heber M. Wells Office Building. XXXXX, owner of XXXXX, was personally served with the notice of hearing. Subsequently, Respondent requested a thirty day postponement of the Informal Hearing until XXXXX, claiming that in order for Respondent to carry out the orderly and proper sale of his XXXXX business, it was necessary for him to be in XXXXX. Respondent's request for a continuance was denied and Respondent was notified of the denial on XXXXX. The Tax Commission decides this matter based on the materials in the file.

FINDINGS

1. Respondent was issued sales tax license No. XXXXX in care of XXXXX and XXXXX. Respondent was a partnership at the time.

2. Respondent was responsible for the collection of sales taxes on the sale of the 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 has not properly remitted the full amount of sales tax collected each quarter.

4. The Utah State Tax Commission is vested with the authority to revoke the license of "any person violating any provision of this [Sales Tax] act...." Utah Code Ann. 59-15-3 (1953).

DECISION AND ORDER THEREFORE, IT IS HEREBY DECIDED:

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

2. The Respondent is ordered to close the doors of XXXXX in care of XXXXX and 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 Respondent.

3. 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 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 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 21 day of January, 1987.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.


R. H. Hansen