BEFORE THE STATE TAX COMMISSION OF UTAH
v. : INFORMAL DECISION
COLLECTION DIVISION OF THE : Appeal No. 87-1893 & 87-1894
STATE TAX COMMISSION OF UTAH, ) Acct. Nos. 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 a penalty against Petitioner as an individual in the amount of the amount of the total of the sales taxes and withholding taxes assessed against XXXXX for XXXXX. An informal hearing was held on XXXXX, in the offices of the Utah State Tax Commission. David J. Angerhofer, Hearing Officer, heard the matter for the Tax Commission. XXXXX, Attorney at Law, represented the Petitioner. XXXXX, Special Assistant Attorney General, represented the Respondent.
Petitioner testified that she was appointed secretary to XXXXX in XXXXX, and held this position until XXXXX. Prior to this time Petitioner had been a purchasing agent for XXXXX and had nothing to do with the bank accounts of XXXXX. Petitioner stated that taxes had been paid for all quarters during which she was secretary with the exception of XXXXX. XXXXX filed a Chapter 11 bankruptcy in XXXXX.
Respondent stipulated that Petitioner was not liable for the delinquent taxes for XXXXX but asserted that Petitioner was still liable for XXXXX. Respondent stated that Petitioner was aware of the risk that the Tax Commission would not be paid after she left. Petitioner should have paid for XXXXX before she resigned. Petitioner should have gotten assurances in writing that the taxes would be paid.
The Tax Commission finds that the Petitioner was not a responsible person for XXXXX. Petitioner resigned on XXXXX, over a month before the tax was due for XXXXX.
The Tax Commission also finds that the Petitioner was not a responsible person for XXXXX. Petitioner was a responsible person for XXXXX but was prevented by the bankruptcy from paying the Tax Commission.
DECISION AND ORDER
Based on the foregoing, it is the Decision and Order of the Utah State Tax Commission that the penalty assessed against the Petitioner as an individual in the amount of the total of the sales taxes and withholding taxes assessed against XXXXX be abated in its entirety.
The Collection Division of the Utah State Tax Commission is hereby ordered to adjust its records in accordance with this Decision.
DATED this 15 day of January, 1988.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis