88-0003 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

Petitioner, : FINDINGS OF FACTS

: CONCLUSIONS OF LAW

v. : AND FINAL DECISION

: Appeal No. 88 0003

AUDIT DIVISION OF THE :

STATE TAX COMMISSION OF UTAH, : Audit Period XXXXX

Respondent : through XXXXX

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal adjudicative proceeding on the XXXXX. James E. Harward, Presiding Officer, heard the matter for and in behalf of the Tax Commission. At the outset, it was indicated by the parties that the matter had been settled except for the penalties that related to the audit. XXXXX represented XXXXX. The Tax Commission, after reviewing the recommendation of the hearing officer and the facts and evidence presented at the hearing makes its:

FINDINGS OF FACT

1. The tax in question is sales tax.

2. The period in question is XXXXX through XXXXX.

3. An assessment was made and the issue conceded by the Petitioner that printing plates and goods consumed were not owned by the government and therefore not tax exempt. An amended assessment was made by the Tax Commission and paid by the Petitioner.

4. The Petitioner claims that an audit was conducted in XXXXX where the issue of printing plates and sales tax was conceded by the Tax Commission. In reliance thereon, the Petitioner continued its practice which was the subject of the audit in question.

5. The Petitioner argues that it was relying upon previous practice by the Tax Commission representative; therefore, it should not be subject to a penalty.

CONCLUSIONS OF LAW

The Tax Commission may waive, reduce or abate taxes upon making a record of its reason. Utah Code Ann. 59-1-401(8).

DECISION AND ORDER

The Tax Commission finds no justification for waiver or abatement of the tax. However, the Petitioner's request will be partially granted in that the Commission hereby reduces the penalty to $$$$$.

DATED this 22 day of June, 1989.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

ABSENT

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner