87-0503 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

v.                                                                                 :

COLLECTION DIVISION                                         :           INFORMAL DECISION

                                                                                    :           Appeal No. 87-0503

            OF THE STATE TAX COMMISSION          :

            OF UTAH,                                                      :           Acct. No. XXXXX

            Respondent.                                                     :

_____________________________________

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 the XXXXX.  An Informal Hearing on the above-captioned matter 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 he did not understand the requirement to prepay the second quarter sales and use tax and that it was his understanding that this was the first year of the law.  Petitioner requests a waiver of the penalty and interest.

FINDINGS

            This is in fact the third year in which the requirement to prepay sales and use taxes for the second quarter has been in effect.  See, Utah Code Ann. 59-15-5.1 (1953).  Petitioner met the minimum requirements for prepayment for both the XXXXX.  Petitioner was not assessed penalty and interest for failure to prepay the tax for XXXXX.  Ignorance of the law is no excuse.  Petitioner has had more than enough time in which to learn of the requirements.  The Tax Commission gives Petitioner the benefit of the doubt for XXXXX but affirms the penalty and interest for XXXXX.

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 on sales and use tax account No. XXXXX for the XXXXX be denied.  Penalty and interest shall not be assessed for the XXXXX.  The assessment of penalty and interest by the Collection Division of the Utah State Tax Commission is hereby affirmed.

            DATED this 11 day of December, 1987.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH

R. H. Hansen                                                                Roger O. Tew

Chairman