87-1301 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

v.                                                                                 :

COLLECTION DIVISION OF THE                          :           INFORMAL DECISION

STATE TAX COMMISSION OF UTAH,                  )           Appeal No. 87-1301

            Respondent.                                                     :           INFORMAL DECISION

                                                                                    :           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 XXXXX.  An informal hearing was held on XXXXX in the offices of the Utah State Tax Commission.  Jerry E. Larrabee, Tax Appeals Supervisor, heard the matter for the Tax Commission.  XXXXX represented herself.  Petitioner stated that there is a small amount of tax involved and that the penalty is usurious in relation to the tax.  Petitioner filed late because she had no money and stated that she still does not have money.

FINDINGS

            Tax for XXXXX was due on or before the end of XXXXX.  Tax Commission records  indicate that Petitioner did not pay the tax until XXXXX.  Respondent properly assessed penalty and interest in this matter.  The sales and use taxes which Petitioner is required to collect are trust funds which belong to the state.  They must be kept separate and may not be used for any other purpose.  However, in consideration of the small amount of tax involved and the fact that Petitioner has an otherwise good filing history, the Tax Commission hereby waives the penalty.  Failure to timely file and remit sales and use taxes in the future may result in the revocation of sales and use tax license No. XXXXX.  Petitioner is advised to consider the possibility of filing on an annual basis instead of on a quarterly basis and must affirmatively request permission to do so if Petitioner so elects.

DECISION AND ORDER

            Based on the foregoing, 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 XXXXX be granted. The Collection Division of the Utah State Tax Commission is hereby ordered to adjust its records in accordance with this decision.

            DATED this 23 day of May, 1988.

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