87-1838 - Sales

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioner,                                                         :

v.                                                                                 :           INFORMAL DECISION

COLLECTION DIVISION OF THE                          :           Appeal No. 87-1838

            UTAH STATE TAX COMMISSION,            :           Acct. 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 and interest on sales and use tax account No. XXXXX for XXXXX.  A telephone conference hearing was held on XXXXX in the offices of the Utah State Tax Commission.  Jerry E. Larrabee, Tax Appeals Supervisor, represented the Commission.  XXXXX represented herself.

            Petitioner stated that she and her family were out of town on a family vacation at the time the return was due.

            Petitioner filed the return as soon as she came back.  Petitioner noted that the return was only a few days late and no taxes were due for the period in question.

FINDINGS

            Tax Commission records indicate that a tax of $$$$$ was due for the period in question and that the tax was paid on XXXXX.  Respondent assessed a $$$$$ late filing penalty and interest of $$$$$ on the account.

            Respondent properly assessed penalty and interest.  The late filing penalty is assessed regardless of how much tax is due for the quarter if the return is filed beyond the statutory due date.

            However, the Tax Commission, in its discretion, hereby waives the penalty and interest since the return was only six days late and since Petitioner has an otherwise good record.

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 the late filing penalty on the 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 4 February, 1988

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

ABSENT

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

Joe B. Pacheco                                                            G. Blaine Davis

Commissioner   Commissioner