BEFORE THE STATE TAX COMMISSION OF UTAH
v. : INFORMAL DECISION
AUDITING DIVISION OF THE : Appeal No. 87-0885
STATE TAX COMMISSION OF UTAH, )
STATEMENT OF CASE
This is an appeal to the Utah State Tax Commission from a decision of the Auditing Division of the Utah State Tax Commission (Respondent) to assess tax, penalty, and interest on the XXXXX, purchase of XXXXX. Petitioner did not request an oral hearing in this matter. Therefore, the Commission decides this matter based on the materials in the file. Petitioner purchased the XXXXX on XXXXX, from XXXXX for $$$$$. Respondent assessed a sales tax (tax rate 5%) of $$$$$, a 100% penalty of $$$$$, and interest of (1% per month from XXXXX) of $$$$$ for a total amount due of $$$$$. Petitioner stated that the purchase price of the vehicle was less than $$$$$ but did not provide any evidence of the actual purchase price. Petitioner stated that the majority of his employment was in the State of XXXXX during the year XXXXX, that he considered it his principal place of residence at the time of the purchase of the vehicle to be XXXXX and at the time he intended to continue residing there permanently and indefinitely. Petitioner requests a waiver of the tax, penalty, and interest.
The Tax Commission finds the purchase price of the vehicle to be $$$$$ as verified from a copy of the purchase document contained in the sales file of XXXXX. The Commission finds that Petitioner was a resident of the State of Utah for motor vehicle registration purposes pursuant to Motor Vehicle Rule R873-O1V. Petitioner filed a Utah Resident Long Form Individual Income Tax Return for the tax year XXXXX. This tax return listed Petitioner's Address as XXXXX. On XXXXX, Petitioner claimed to have been a Utah resident for at least nine years when he completed a credit application for the purchase of a XXXXX in XXXXX. Petitioner had the burden of proof to show that Respondent assessed tax, penalty and interest in error. Petitioner failed to meet this burden of proof. Respondent met the burden of proof to establish fraud in this matter.
DECISION AND ORDER
It is the Decision and Order of the Utah State Tax Commission that Petitioner's request for waiver of tax, penalty, and interest on the purchase of a XXXXX be denied. The assessment of tax, penalty, and interest by the Auditing Division of the Utah State Tax Commission is hereby affirmed.
DATED this 16 day of October, of 1987.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
R. H. Hansen Roger O. Tew