87-3123 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

COLLECTION DIVISION OF THE :

UTAH STATE TAX COMMISSION, : INFORMAL DECISION

Petitioner : SALES TAX REVOCATION

v. :

XXXXX ) Appeal No. 87-3123

Respondent. : Sales Tax No. XXXXX

_____________________________________

STATEMENT OF CASE

Petitioner filed an application for the revocation of sales tax license No. XXXXX pursuant to Utah Code Ann. 59-12-106 (1953). A hearing was scheduled on XXXXX. The Respondent failed to appear. By certified letter dated XXXXX, Jerry E. Larrabee, Tax Appeals Supervisor ordered Respondent pursuant to Rule R861-05A-1-E to show cause within ten (10) days of the date of the letter why the petition should not be granted for revocation of Respondent's license. Respondent was warned that failure to show cause within the ten day period would result in the revocation of sales tax license No. XXXXX. The Respondent failed to show cause.

ORDER

The Utah State Tax Commission hereby revokes sales tax license No. XXXXX for failure to comply with provisions of the Utah Sales and Use Tax Act, Utah Code Ann. 59-12-107 (1953). Respondent is ordered to close the doors of XXXXX to business and to deliver its sales tax license to the Utah State Tax Commission. Failure to comply with this order may result in criminal prosecution being taken against the Respondent. The revocation of the Respondent's sales tax license is effective immediately unless the Respondent requests in writing, three (3) working days from receipt of this decision, that the Tax Commission stay the execution of this order for thirty days, provided the Respondent is able to prove that the following conditions have been met:

a. A bond has been posted in the amount of the tax, penalty, and interest that is currently delinquent and due. The bond must be in the form of a cashier's check, certificate of deposit, surety bond, cash; and

b. An account has been opened in a local financial institution by the end of the first banking day following receipt of this decision. The account must name the Respondent's company and the Utah State Tax Commission as co-owners. In addition, the Respondent must make weekly deposits into the account in the amount of the current accruing sales tax liability.

DATED this 10 day of February, 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

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