87-0437 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

            UTAH STATE TAX COMMISSION             :

COLLECTION DIVISION,                                        :           INFORMAL DECISION

            Petitioner,                                                         :           SALES TAX LICENSE REVOCATION

v.                                                                                 :           Appeal No. 87-0437

XXXXX                                                                                  )           Sales Tax No. XXXXX

            Respondent.                                                     :

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STATEMENT OF CASE

            An Informal Hearing was held on XXXXX.  James E. Harward, Hearing Officer, heard the matter for the Utah State Tax Commission.  XXXXX represented the Petitioner.  XXXXX, Attorney, represented Respondent.  XXXXX also appeared on Respondent's behalf.  XXXXX testified that Respondent owes $$$$$ for the liability periods XXXXX.  XXXXX also said that Respondent has not filed or paid its first quarter, XXXXX, reports and taxes.  She said that the money collected as sales tax is being used for other purposes and that Respondent did not have any financial statements.  Although bookkeeping records had been brought in, no loan money is available to Respondent, and Respondent is in a difficult financial situation.  Petitioner therefore, recommended revocation of Respondent's sales tax license.  Respondent indicated that financial statements would be provided and that sales tax had been collected but not paid to the Tax Commission because it was swallowed up in last year's collapse.  The sales tax money collected was used to operate the business and if Respondent's sales tax license were revoked it would not be in the best interest of Respondent or the State.  After reviewing the evidence presented and the written documentation submitted, the Commission makes the following determinations:

            1. Respondent was issued a sales tax license, No. XXXXX, in care of XXXXX, doing business as XXXXX, of which XXXXX was the principal.  Respondent was a corporation at the time.

            2. Respondent was responsible for the collection of sales taxes on the sale of its goods and services and was required to remit these taxes to the Utah State Tax Commission.  Utah Code Ann. 59-15-5 (Supp. 1986).

            3. Respondent did not properly remit the full amount of sales tax collected each quarter.

            4. The Utah State Tax Commission is vested with the authority to revoke the license of "any person violating any provision of this [Sales Tax] Act. . ."  Utah Code Ann. 59-15-3 (Supp. 1986).

DECISION AND ORDER

            Based on the foregoing, it is the Decision and Order of the Utah State Tax Commission:

            1. That Respondent's sales tax license, No. XXXXX, is hereby revoked for failure to comply with the provisions of the Utah Sales Tax Act, Utah Code Ann. 59-15-5.

            2. That Respondent is ordered to close the doors of XXXXX in care of XXXXX, and XXXXX, and to deliver its sales tax license to the Utah State Tax Commission.  Failure to comply with this order may result in criminal prosecution being taken against the Respondent.

            3. The revocation of Respondent's sales tax license is effective immediately, unless Respondent requests in writing, within three working days from receipt of this decision, that the Commission stay the execution of this order for thirty (30) days, provided the Respondent is able to prove that the following conditions have been met:

            a. A bond has been posted in the amount of the tax, penalty, and interest that is currently delinquent and due.  The bond must be in the form of a cashier's check, certificate of deposit, surety bond, or cash; and

            b. An account has been opened in a local financial institution by the end of the first banking day following receipt of this decision.  The account must name the Respondent's company and the Utah State Tax Commission as co-owners.  In addition, the Respondent must make weekly deposits into the account in the amount of the current accruing sales tax liability.

            DATED this 19 day of June, 1987.

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