BEFORE THE STATE TAX COMMISSION OF UTAH
Petitioner, : FINDINGS OF FACT,
: CONCLUSIONS OF LAW
v. : AND FINAL DECISION
COLLECTION DIVISION OF THE : Appeal No. 87-0306
STATE TAX COMMISSION OF UTAH, ) Acct. No. XXXXX
This matter came before the Utah State Tax Commission for Formal Hearing on XXXXX. James E. Harward, Hearing Officer, heard the matter for the Tax Commission. XXXXX appeared representing the Petitioner. After reviewing the evidence contained in the file and the evidence and arguments presented at the hearing, the Tax Commission makes
FINDINGS OF FACT
1. Petitioner is the owner/operator of several restaurants located in Salt Lake City, Utah.
2. The Petitioner has been in business for approximately 30 years.
3. For the tax year XXXXX, the Petitioner made the prepayment of the XXXXX sales tax as prescribed by law. In XXXXX, the Petitioner was dropped from the computer system and did not receive the pre-printed form. Therefore, the prepayment for the second quarter sales tax as required by law was not made.
5. The return for the XXXXX was timely filed and paid. However, penalty was assessed for failure to make the prepayment as required.
6. The return for the XXXXX was filed and paid approximately 13 days late.
7. The Petitioner qualified for the prepayment requirement by $$$$$.
CONCLUSIONS OF LAW
1. Utah Code Ann. imposes a penalty when the return is filed late or payment is not made with the return. Petitioner failed to timely file the prepayment for the XXXXX, and timely file and pay the XXXXX. The penalty was properly assessed against the Petitioner.
2. The Tax Commission has discretionary authority to waive or reduce a penalty. After reviewing the account history of the Petitioner, and the short period of time within which the return was filed, the Commission exercises it discretion and waives the penalty associated with the XXXXX and reduces the penalty to $$$$$ for the XXXXX. The interest is affirmed in total.
It is the decision of the Utah State Tax Commission that the penalty for the XXXXX is hereby waived and the penalty for the XXXXX is reduced to $$$$$. The interest is affirmed.
DATED this 21 day of December, 1987.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
R. H. Hansen G. Blaine Davis
Joe B. Pacheco Roger O. Tew