87-0275 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

____________________________

XXXXX

Petitioner, : FINDINGS OF FACT,

v. : CONCLUSIONS OF LAW

: AND FINAL DECISION

Collection Division of the :

State Tax Commission of Utah, ) Appeal No. 87-0275

: Acct. No. XXXXX

Respondent. :

_______________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a Formal Hearing on XXXXX. James E. Harward, Hearing Officer, heard the matter for the Tax Commission. XXXXX appeared on behalf of the Petitioner.

Based upon the evidence and arguments made at the Formal Hearing and the evidence and arguments contained in the file, the Tax Commission makes its

FINDINGS OF FACT

1. XXXXX was formed in XXXXX.

2. The Petitioner consists of XXXXX as an artist craftsman, and XXXXX as an artist who specializes in sculpture clay forms.

3. Since XXXXX, the business has had a net loss in excess of $$$$$ dollars.

4. Most sales come through galleries and museums who collect sales tax. Those few sales that are done through the studio have a total tax since XXXXX of approximately $$$$$.

5. For the quarter in question, the taxpayers had a liability of $$$$$ for tax.

6. In XXXXX, the Petitioners received the form and mailer from the Tax Commission for the filing of the XXXXX sales tax. Petitioners did not file a timely return. On XXXXX, Petitioners received notice of nonfiling. Immediately thereafter the return was filed and the tax was paid. A $$$$$ penalty and interest was assessed.

CONCLUSIONS OF LAW

Utah Code Ann. 59-15-8 poses a $$$$$ late filing fee. The Petitioners were late in the filing of their quarterly tax returns for the XXXXX. Therefore, a $$$$$ late filing fee was properly assessed pursuant to Utah Code Ann. 59-15-8.

The Tax Commission is empowered by the Utah Code to waive or reduce penalty in its discretion. The Tax Commission, after reviewing the seven year period over which only $$$$$ in taxes was due and the quarter in question where the tax liability was only $$$$$ determines in its discretion it shall waive the penalty associated with the late filing of the XXXXX.

DATED this 4 day of February, 1988.

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