87-1022 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

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COLLECTION DIVISION OF THE : INFORMAL DECISION

UTAH STATE TAX COMMISSION, : SALES TAX REVOCATION

Petitioner, :

v. :

XXXXX ) Appeal No. 87 1022

Respondent. : Sales Tax No. XXXXX

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STATEMENT OF CASE

This is a decision from a sales tax license revocation hearing for XXXXX, sales tax license No. XXXXX. A license revocation hearing was held on XXXXX, in the offices of the Utah State Tax Commission. James E. Harward, Hearing Officer, heard the matter for the Tax Commission. XXXXX represented the Petitioner. XXXXX represented the Respondent.

Petitioner presented evidence that the liability periods in question are XXXXX. As of the date of the liability the balance owing exceeded $$$$$. XXXXX owns all of the assets of XXXXX, which leases from them. XXXXX had bought the assets of the XXXXX from XXXXX who had incurred a large sales tax liability. These assets were purchased with the tax liens in place. XXXXX, President and principle owner of XXXXX, had filed a Chapter 11, and had submitted a plan for reorganization, with a hearing scheduled XXXXX.

XXXXX, is not in bankruptcy. The plan included an agreement by XXXXX to pay in full a quarter in which XXXXX was delinquent, to keep all filings and payments current, and to pay over one-half of the yearly membership renewals by the end of XXXXX. This would be applied towards the liability which XXXXX had incurred for the XXXXX. Petitioner recommended in a letter dated XXXXX, that if Respondent adheres to the plan then a monthly payment schedule could be arranged.

The revocation hearing was then continued. On XXXXX, Petitioner recommended the revocation of Respondent's sales tax license on the basis of Respondent's delinquency and the inability to retire the balance owing and to remain current with regards to accruing liability while continuing to conduct business. Respondent has not filed or paid its XXXXX sales and use tax return or withholding return.

FINDINGS

Respondent was issued sales tax license No. XXXXX on XXXXX. Respondent was responsible for the collection of sales taxes on the sale of goods and services and was required to remit these taxes to the State Tax Commission. Utah Code Ann. 59-12-107 (1953).

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

The Utah State Tax Commission is vested with the authority to revoke the license of "any person violating any provisions of this chapter Sales and Use Tax Act] . . . ." Utah Code Ann. 59-12-106 (1953).

DECISION AND ORDER

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

1. Respondent's sales tax license No. XXXXX is hereby revoked for failure to comply with the provisions of the Utah Sales and Use Tax Act, Utah Code Ann. 59-12-107 (1953).

2. Respondent is ordered to close the doors of the 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.

The revocation of Respondent's sales tax license is effective immediately unless the Respondent requests in writing, within three (3) working days from receipt of this decision, that the Tax Commission stay the execution of this order for thirty 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 19 day of February, 1988.

BY ORDER OF THE STATE TAX COMMISSION O UTAH.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner

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