88-0627 - Special Fuel

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, :

v. : INFORMAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 88-0627

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 a penalty assessment on Petitioner's XXXXX special fuel user's tax. Pursuant to Utah Code Ann. 63-46b-5(1)(b), no hearing was held. A review of Petitioner's file served as the evidentiary basis for this decision.

Petitioner failed to file a special fuel user's report for the first and second quarters of XXXXX. A letter from the Petitioner indicates that there has been no fuel use in Utah since XXXXX. However, delinquencies did not occur until XXXXX. Petitioner attributes the error to the inexperience of a new employee and asks that the penalty for late filing be waived.

FINDINGS

Utah Code Ann. 59-13-05(1) stipulates that the user of special fuel must make a report on or before the last day of the month following the reporting period, and Subsection (3) provides for the imposition of a penalty for failure to do so. Petitioner was required to file on a quarterly basis, and thus the first and second quarters special fuel user tax returns were due on or before XXXXX and XXXXX, respectively. Petitioner's failure to file timely reports subjected it to liability for late filing penalties. Utah Code Ann. 59-1-401(1)(b) provides that a penalty of at least $$$$$ shall be assessed for failure to file a timely tax due or no tax due return.

However, because of Petitioner's prior good filing history the Tax Commission finds reasonable cause to waive the penalty.

DECISION AND ORDER

Based on the foregoing facts, it is the decision and order of the Commission that the request for a waiver of penalties 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