BEFORE THE STATE TAX COMMISSION OF UTAH
v. : INFORMAL DECISION
COLLECTION DIVISION OF THE : Appeal No. 87-0943
STATE TAX COMMISSION OF UTAH, ) Acct. No. XXXXX
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. Petitioner, in response to an order to show cause why he did not appear at an Informal Hearing, stated that travel costs from XXXXX were cost prohibitive in relation to the amount of the penalty and interest. Petitioner then reiterated his position. Therefore, the Tax Commission decides this matter based on the materials in the file. Petitioner stated that XXXXX administers an existing lease portfolio created by XXXXX. XXXXX is an unincorporated organization operated by the XXXXX, the insurer of the lease streams. XXXXX performs the billing and collection functions which XXXXX had performed until it abandoned its responsibilities. XXXXX took over this function to mitigate potential damages to noteholders and itself. XXXXX did not have the necessary accounting procedures in place when XXXXX took over the billing and collection functions. Petitioner noted that proper accounting controls are now in place. Petitioner stated that the delinquency was not intended nor due to negligence, and requests that the Utah State Tax Commission join the group of other taxing authorities which have waived penalty and interest.
Petitioner had the burden of proof to establish that Respondent assessed penalty and interest in error. Petitioner failed to meet his burden of proof. Respondent properly assessed penalty and interest pursuant to Utah Code Ann. §59-15-8 (1953) (new Section 59-12-110). The Commission finds that Petitioner was negligent in failing to timely file and pay the taxes due. Therefore, penalty was properly assessed. The Commission further finds that interest was properly assessed. The Tax Commission was denied the use of the money during the period of delinquency.
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. The assessment of penalty and interest by the Collection Division of the Utah State Tax Commission is hereby affirmed.
DATED this 5 day of October, 1987.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
R. H. Hansen