88-0602 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, :

v. : INFORMAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 88-0602

UTAH STATE TAX COMMISSION, : Acct. No. XXXXX

Respondent. :

_____________________________________

STATEMENT OF CASE

This is an appeal to the Utah State Tax Commission for reconsideration of a Commission decision denying a request for waiver of penalty assessments on Petitioner's fourth quarter XXXXX sales tax. Pursuant to Utah Code Ann. 63-46b-5(1)(b), no hearing was held. A review of the Petitioner's file served as the evidentiary basis for the decision.

Petitioner, XXXXX, ceased business operations in XXXXX. XXXXX, owner and representative for Petitioner, asserts she contacted the Commission notifying them of an address change and requested that the fourth quarter report form be mailed to the new address. XXXXX never received this form. She then contacted the Commission again, this time requesting a blank report form. Again, this form was not received. XXXXX then turned the matter over to XXXXX, a CPA, to handle the matter.

After several contacts with Tax Commission personnel, XXXXX finally acquired the appropriate forms and immediately submitted tax and interest due for the fourth quarter XXXXX. Due to the delays in obtaining forms, the return was filed late. Petitioner asserts that efforts made by XXXXX and XXXXX were diligent and sufficient to establish a willingness to comply and now requests that late filing and late payment penalty assessments be waived.

FINDINGS

The Tax Commission finds that Petitioner made a reasonable effort to comply with the filing requirements.

DECISION AND ORDER

Based on the foregoing, it is the decision and order of the Utah State Tax Commission that the request for waiver of penalty assessments be granted.

DATED this 29 day of September, 1988.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

FOR THE COMMISSION

G. Blaine Davis

Commissioner

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