87-1704 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION OF UTAH

_____________________________________________

XXXXX

Petitioner, : INFORMAL DECISION

v. :

COLLECTION DIVISION OF THE : Appeal No. 87-1704

STATE TAX COMMISSION OF UTAH ) Account No. XXXXX

Respondent. :

______________________________________________

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 on sales and use tax account No. XXXXX for XXXXX. An informal hearing was held on XXXXX, in the offices of Utah State Tax Commission. Jerry E. Larrabee, Tax Appeals Supervisor, represented the Tax Commission. XXXXX represented the Petitioner.

Petitioner acknowledged that payment was not timely remitted for XXXXX but questioned the assessment of two $50.00 penalties. Petitioner also states that the Tax Commission did not properly give credit for his payment of XXXXX tax when he submitted check No. XXXXX.

FINDINGS

Tax Commission records indicate that the tax due for XXXXX was $$$$$. Petitioner filed the return on XXXXX. Petitioner made payment of $$$$$ on XXXXX. Respondent had made a non filing estimate of $$$$$ for XXXXX but adjusted this when a true return was filed.

The return was in fact due on XXXXX. Respondent assessed a $50.00 late filing penalty pursuant to Utah Code Ann. -1-401(1) (1953). Respondent also assessed a $50.00 late payment penalty pursuant to 59-1-401(2). Both penalties were properly assessed.

Petitioner had the burden of proof to establish that Respondent had assessed the penalty in error. Petitioner failed to meet this burden of proof.

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 on sales and use account No. XXXXX for XXXXX be denied.

The assessment of penalty and interest by the collection Division of the Utah State Tax Commission is hereby affirmed.

DATED this 13 day of January, 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