87-0276 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioner,                                                         :

v.                                                                                 :

COLLECTION DIVISION OF THE                          :

            UTAH STATE TAX COMMISSION,            :

            Respondent.                                                     :           FINDINGS OF FACT,

                                                                                    :           CONCLUSIONS OF LAW

                                                                                    :           AND FINAL DECISION

                                                                                    :           Appeal No. 87-0276

                                                                                    :           Acct. No. XXXXX

_____________________________________

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 representing the Petitioner.  Based upon the evidence and arguments presented at the hearing and the documents contained in the file the Tax Commission makes its

FINDINGS OF FACT

            1. The XXXXX prepayment sales tax return was filed approximately XXXXX days late.

            2. The return was filed late because the standard prepayment form for the Tax Commission was mailed to an address with an incorrect zip code.  The incorrect zip code at the maximum would cause a ten day to two week delay.

            3. The Petitioner's CPA had a new employee who was not familiar with the XXXXX deadline and therefore did not pick up or prepare a noncomputer generated form return.

CONCLUSIONS OF LAW

            1. A %%%%% penalty is required by Utah Statute to be imposed upon a late filing of the prepayment return for the XXXXX.

            2. The penalty was properly assessed.

            3. The delay of the incorrect zip code at the most would be two weeks which would place the receipt of the return approximately the first week in XXXXX.  This would allow sufficient time for the filing of the return and the payment of the tax.

            4. Insufficient evidence was presented which would excuse the late payment of the tax.  The mailing of the computer generated form from the Tax Commission is simply a courtesy and is not an excuse for the nonpayment of the return when not received.

FINAL DECISION

            It is therefore the final decision of the Utah State Tax Commission that penalty and interest is properly assessed.  Therefore, the request of the Petitioner is denied.

            DATED this 19 day of April, 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