87-1918 - Sales

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioner,                                                         :

v.                                                                                 :           INFORMAL DECISION

AUDIT DIVISION OF THE                                       :           Appeal No. 87-1918

STATE TAX COMMISSION OF UTAH,                  )           Audit Period: XXXXX

            Respondent.                                                     :

_____________________________________

STATEMENT OF CASE

            This matter came before the Utah State Tax Commission for an Informal Hearing on XXXXX.  Petitioners failed to attend that hearing.  An order to show cause was sent to the Petitioners on XXXXX.  In response to that order to show cause, Petitioners on XXXXX, filed a response requesting that the matter be decided without a hearing based upon the letters contained in the file.

FINDINGS OF FACT

            The Petitioner's evidence indicates that the Petitioners are a XXXXX Corporation doing business in approximately 35 states.  The Petitioner computed the sales and use tax payments using an incorrect tax rate.  Petitioner argues that the use of the wrong tax rate was strictly a clerical oversight.

DECISION AND ORDER

            Based on the foregoing, it is the Decision and Order of the Utah State Tax Commission that the Petitioner's request be granted.  Auditing Division is ordered to adjust its records accordingly.

            DATED this 1 day of November, 1988.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

                                                                                    ABSENT

R. H. Hansen                                                                Roger O. Tew

Chairman