87-1278 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

COLLECTION DIVISION OF THE :

UTAH STATE TAX COMMISSION, :

Petitioner, : INFORMAL DECISION

v. : SALES TAX REVOCATION

XXXXX )

Respondent. : Sales Tax No. XXXXX

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DECISION AND ORDER

This matter came before the Utah State Tax Commission for an Informal Hearing on XXXXX. James E. Harward, Hearing Officer, heard the matter for the Tax Commission. XXXXX dba appeared representing the Respondent. XXXXX appeared representing the Petitioner. The Petitioner presented evidence that the account has been worked since XXXXX, in an attempt to collect outstanding taxes. The present balance due including tax and interest to date is $$$$$. Respondent's attitude was generally uncooperative and he was unable to pay the delinquent taxes and stay current on present accruing tax liabilities. The Respondent acknowledged the truth of the evidence presented by the Petitioner. He further indicated that he has approximately $$$$$ in judgements outstanding against him, and has no means of borrowing the money to pay off the obligation. He did indicate that he would be able to make approximately $$$$$ a month payments towards the liability.

DECISION AND ORDER

Based upon the foregoing, it is the Decision and Order of the Utah State Tax Commission that License No. XXXXX is hereby revoked. 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 1 day of October, 1987.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner

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