88-0591 - Sales & Use

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioner,                                                         :

                                                                                    :

v.                                                                                 :           FINDINGS OF FACT,

                                                                                    :           CONCLUSIONS OF LAW, &

                                                                                    :           FINAL DECISION

COLLECTION DIVISION OF THE                          :           Appeal No. 88-0591

STATE TAX COMMISSION OF UTAH,                  )           Acct. No. XXXXX

            Respondent.                                                     :

_____________________________________

STATEMENT OF CASE

            A prehearing conference was held on XXXXX in the offices of the Utah State Tax Commission.  David J. Angerhofer, Presiding Officer, heard the matter for the Tax Commission.  XXXXX represented the Petitioner. During the course of the prehearing conference the presiding officer converted the proceeding to a formal hearing.

FINDINGS OF FACT

            The period in question is the second quarter of XXXXX.  Petitioner timely filed the sales and use tax return on or about XXXXX. Petitioner's return was apparently lost after it was received by the Tax Commission.  Tax Commission records indicate that payment for the second quarter of XXXXX was posted XXXXX after it was received due to an administrative backlog.  Petitioner called the Tax Commission and was advised to stop payment on the original checks and to issue new checks.  After Petitioner put stop payments on the original checks, the Tax Commission located the original return and checks and processed them.  The Tax Commission also processed the replacement checks.  When the original checks did not clear because of the stop-payment placed on them, the account was sent to the Collection Division.

            Penalty has previously been waived on this account.  Petitioner requests a waiver on the interest.

CONCLUSIONS OF LAW

            Interest is normally assessed on an account because the Tax Commission has been denied the use of the money during the period in question because of the late payment by the taxpayer.

            The Tax Commission finds insufficient cause to waive the interest in this matter.

FINAL DECISION

            Based on the foregoing, the Utah State Tax Commission hereby declines to waive the interest on sales and use tax account No. XXXXX for the second quarter of XXXXX.

            The assessment of interest by the Collection Division of the Utah State Tax Commission is hereby affirmed.

            DATED this 9 day of November, 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