BEFORE THE STATE TAX COMMISSION OF UTAH
Petitioner, : INFORMAL DECISION
COLLECTION DIVISION OF THE : Appeal No. 87-0050
STATE TAX COMMISSION OF UTAH, ) Acct. No. XXXXX
STATEMENT OF CASE
This is an appeal to the Utah State Tax Commission from a decision of the Collection Division of the Utah State Tax Commission (Respondent) to assess penalty and interest on sales and use tax account No. XXXXX for 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. Petitioner stated that there was no intent to evade taxes but that the company had financial difficulties.
Petitioner has paid the interest but asserted that there would be no useful purpose in assessing the penalty. Petitioner stated that the liability was due to returned checks which he tried to respond to. Petitioner noted that he deposits the tax in a separate account now and that he has had a prior good record.
Regardless of the financial situation in which a vendor finds himself in, there should never be any difficulty in paying sales tax. He is "deemed to be a person charged with receipt, safe keeping, and transfer of public money." Utah Code Ann. 59-15-5(1) (1953) (new Section 59-12-107(1)(b)). Failure to properly collect, hold and remit sales tax subjects the vendor to penalties and interest pursuant to Utah Code Ann. 59-15-8 (1953) (new Section 59-12-110). Petitioner had the burden of proof to establish that Respondent assessed the penalty and interest in error. Petitioner failed to meet this burden of proof. Respondent properly assessed the penalty and interest when Petitioner failed to timely remit the taxes due and owing.
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 assessment of penalty and interest by the Collection Division of the Utah State Tax Commission 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