BEFORE THE STATE TAX
COMMISSION OF UTAH
_____________________________________
XXXXX
Petitioner, :
v. : INFORMAL DECISION
AUDITING
DIVISION OF : Appeal No. 87-2197
UTAH STATE TAX COMMISSION, :
Respondent. :
_____________________________________
STATEMENT OF CASE
This
matter came before the Utah State Tax Commission for an informal hearing on
XXXXX. James E. Harward, Hearing
Officer, heard the matter for and in behalf of the Tax Commission. XXXXX was present. XXXXX represented the Respondent. The Respondent presented evidence regarding the purchase of a
XXXXX in XXXXX. The purchase was made
in Utah. The Petitioner was in fact a
resident of the state of Utah. A
non-resident affidavit was executed by the Petitioner. In addition, the Petitioner has acquired a
motor home in Utah and again signed a non-resident affidavit. The Petitioner has executed resident income
tax returns for the years in question and has a residence located in XXXXX.
The
Petitioner presented evidence that the non-resident affidavit was signed in
blank without being filled out at the direction of the salesman. Further, the
Petitioner testified that he had numerous dealings with the car dealer in
question and has purchased many vehicles here over a period of years. The
salesman was a long-time friend and acquaintance of the family and knew of the
residence of the Petitioner in XXXXX.
Further, the Petitioner stressed the point that the salesman and the
dealership was very familiar with the Petitioner and the fact that he was a
resident in the state of Utah and owned property in the state of XXXXX. Further, the Petitioner indicated that all
cars are licensed in Utah; however, trucks used on the farm are licensed in
XXXXX for farm use.
DECISION AND ORDER
The
Tax Commission finds that pursuant to the statutes of the state of Utah and the
rules of the Utah State Tax Commission that the sales tax on the purchase of
the XXXXX should have been assessed.
Therefore, the Tax Commission affirms the assessment of the tax, a 10%
negligence penalty and interest.
The
Petitioner has urged the Commission to impose the tax penalty and interest on
the dealership, which the Commission has the power to do. However, if the dealership had properly
collected the sales tax on the sale of the vehicle, the Petitioner would have
been required to pay that sales tax. If
the Commission assessed the sales tax against the dealership, the dealership
would simply then seek collection proceedings against the Petitioner. Sustaining the assessment of the sales tax
in this decision only requires the Petitioner to pay the amount which would
have been required to be paid at the time of the purchase together with the
interest for the use of the money. From
the facts presented at the hearing, it is apparent that the Petitioner was well
known to the dealership and reasonably relied upon the dealer to know what
taxes should be collected. The Commission
has seriously considered imposing the tax penalty and interest on the
dealership. Apparently the dealer
knowingly failed to properly collect the required sales tax. Because of the apparent violation, the
Commission has also considered issuing an order to show cause to the dealership
to require them to show why their sales tax license should not be revoked.
However,
the Tax Commission will forward a copy of this decision to XXXXX at XXXXX and
to the XXXXX to be placed in the dealer's file so that if other violations of
the sales tax laws are made by XXXXX, an order may be issued to require them to
show cause why their sales tax license should not be revoked for such
violations.
DATED
this 31 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