87-0514 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

            UTAH STATE TAX COMMISSION             :

COLLECTION DIVISION,                                        :

v.                                                                                 :

XXXXX                                                                                  )           INFORMAL DECISION

                                                                                    :           SALES TAX REVOCATION

            Respondent.                                                     :           Appeal No. 87-0514

                                                                                    :           Sales Tax No. XXXXX

_____________________________________

STATEMENT OF CASE

            This is a request for revocation of sales tax license No. XXXXX by the Collection Division of the Utah State Tax Commission (Petitioner).  A telephone conference hearing was held on XXXXX.  David J. Angerhofer, Hearing Officer, heard the matter for the Commission.  XXXXX, Tax Compliance Supervisor, represented the Petitioner.  XXXXX represented XXXXX (Respondent).  The liability periods in question are from the XXXXX.  The total balance owing is in excess of $$$$$.  Petitioner stated that no quarter has been paid in full for the past five years, and that Respondent has failed to comply with a payment agreement.  Petitioner further stated that there has been no filing for the XXXXX.  Respondent asserted that the business was . . . undercapitalized, that he was laid up for two years, and that he agreed to the repayment schedule under duress. Respondent offered to remit $$$$$ per month starting the XXXXX.

FINDINGS

            1. Respondent was issued sales tax license number No. XXXXX.

            2. Respondent was responsible for the collection of sales taxes on the sale of his goods and services and was required to remit these taxes to the State Tax Commission.  Utah Code Ann. 59-15-5 (1953).

            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 provisions of this Sales Tax] act. . .."  Utah Code Ann. 59-15-3 (1953).

DECISION AND ORDER

            Therefore, it is hereby decided:

            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 to business 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 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 23 day of July, 1987.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen                                                                G. Blaine Davis

Chairman                                                                      Commissioner

Joe B. Pacheco                                                            Roger O. Tew

Commissioner   Commissioner