BEFORE THE STATE TAX COMMISSION OF UTAH
Petitioner, : INFORMAL DECISION
AUDITING DIVISION OF THE : Appeal No. 87-0008
STATE TAX COMMISSION OF UTAH, )
STATEMENT OF CASE
This is an appeal to the Utah State Tax Commission from an assessment by the Auditing Division of the Utah State Tax Commission (Respondent) of tax, penalty, and interest on the XXXXX purchase of a XXXXX. Petitioner did not request an oral hearing. Therefore, the Tax Commission decides this matter based on the materials in the file. Petitioner stated that the subject vehicle was purchased in Oregon for use outside the State of Utah. Petitioner stated that the purchase price was $$$$$ and that the purchase date was XXXXX. Petitioner requested a waiver of the tax, penalty and interest. Respondent stated that the subject vehicle has been and is being used in the State of Utah by Petitioner and stated that it has documented sightings of the subject vehicle in XXXXX, in XXXXX County. Respondent also stated that it had photographs of the subject vehicle taken at Petitioner's XXXXX, Utah residence on XXXXX. Respondent further stated that Petitioner is a Utah resident. Petitioner has a current Utah driver's license; Respondent has filed a Utah resident long form individual income tax return on XXXXX, for the XXXXX tax year (four months after the purchase and registration of the vehicle in XXXXX); Petitioner rents a place of residence in XXXXX Utah; there is no listing in XXXXX for Petitioner; loan documents executed by Petitioner through XXXXX, Utah list only the XXXXX, Utah address for Petitioner; and that the only document with Petitioner's XXXXX address is the XXXXX title held by the bank. Respondent assessed tax, a 100% fraud penalty, and interest on the purchase of the subject vehicle.
The Tax Commission finds that Petitioner is a Utah resident for motor vehicle registration purposes pursuant to motor vehicle registration Rule No. XXXXX.
The Tax Commission further finds that Petitioner fraudulently registered the subject vehicle in XXXXX to avoid payment of Utah use tax, property tax, and registration fees. The Tax Commission further finds that the subject vehicle was sold on XXXXX, for $$$$$ to Petitioner from XXXXX.
DECISION AND ORDER
Based on the foregoing, it is the Decision and Order of the Utah State Tax Commission that Petitioner's request for waiver of tax, penalty and interest on the XXXXX purchase of a XXXXX to be denied. The assessment of tax, penalty and interest by the Auditing Division of the Utah State Tax Commission is hereby affirmed.
DATED this 8 day of January , 1988.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
R. H. Hansen G. Blaine Davis
Joe B. Pacheco Roger O. Tew