86-1723 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

UTAH STATE TAX COMMISSION

COLLECTION DIVISION, :

: INFORMAL DECISION

Petitioner, : SALES TAX LICENSE REVOCATION

:

v. : Appeal No. 86-1723

: Sales Tax No. XXXXX

XXXXX, )

c/o XXXXX & )

XXXXX, )

Respondent. :

_____________________________________

STATEMENT OF CASE

An Informal Hearing on Petitioner's request for sales tax license revocation was scheduled for XXXXX, at 11:30 a.m. in Room 504 of the Heber M. Wells Building. XXXXX, owner of XXXXX appeared. XXXXX represented the Petitioner.

Petitioner's evidence indicates that Respondent owes more than $$$$$ in back sales tax. Beginning in XXXXX, and continuing through XXXXX, Petitioner made repeated attempts to contact Respondent and make arrangements for Respondent to file true returns and get back sales tax liability paid. The field notes further indicate that Respondent did not clear up its sales tax liability.

At the Informal Hearing, Respondent XXXXX indicated that he owes the bookkeeper $$$$$ and, therefore can't get his books; that floods have hurt his business; and that he had to sometimes stay home and babysit his children. XXXXX indicated that he would make arrangements to pay the back sales tax liability.

FINDINGS

After reviewing the evidence presented and the written documentation submitted, the Commission makes the following 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 tax on the sales of his goods and services and was required to remit these taxes to the Utah State Tax Commission. Utah Code Ann. 59-15-5 (Supp. 1986).

3. Respondent did not properly remit the full amount of sales tax collected each quarter. Respondent did not file sales tax returns required each quarter.

4. Utah State Tax Commission has the authority to revoke the license of "any person violating any provision of this [Sales Tax] Act . . . ." Utah Code Ann. 59-15-3 (Supp. 1986).

DECISION AND ORDER

It is the Decision and Order of the Utah State Tax Commission:

1. That Respondent's sales tax license, No. XXXXX be revoked for failure to comply with the provisions of the Utah Sales Tax Act, Utah Code Ann. 59-15-5 (Supp. 1986).

2. That 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. The revocation of Respondent's sales tax license is effective immediately, unless Respondent 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 Respondent 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 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 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

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