88-0728 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

COLLECTION DIVISION OF THE :

UTAH STATE TAX COMMISSION, : FINDINGS OF FACTS,

: CONCLUSIONS OF LAW

Petitioner, : AND FINAL DECISION

v. :

XXXXX ) Appeal No. 88-0728

: Acct. No. XXXXX

Respondent. :

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission pursuant to the Rules of Administrative Procedure and the Administrative Procedure's Act for formal proceeding on XXXXX. James E. Harward, Presiding Officer, heard the matter for the Tax Commission. XXXXX appeared representing the Respondent. XXXXX appeared representing the Petitioner. At the outset of the hearing, the Presiding Officer took evidence and arguments as it relates to a pending Chapter 11 Bankruptcy case in which the Respondent is involved.

Based upon the evidence and arguments presented at the hearing and the recommendation of the Presiding Officer, the Tax Commission makes its:

FINDINGS OF FACT

1. Respondent was issued sales tax license No. XXXXX.

2. At the time of filing the bankruptcy the Respondent has approximately $$$$$ in delinquent sales tax due and owing.

3. From the period post petition to the present, there is approximately $$$$$ of sales tax due and owing.

4. Petitioner's attempt on numerous occasions to reconcile the account entered into a payment agreement to attempt to have the account repaid. Those collection attempts and reconciliation attempts have not been successful.

CONCLUSIONS OF LAW

1. It is unlawful for any person required by this chapter to collect sales and use tax, to engage in business within the state without first having obtained a license to do so. Utah Code Ann. 59-12-106(1).

2. After obtaining the license, the Tax Commission may revoke the license of any person violating any provisions of the chapter relating to the collection and reporting of sales tax. Utah Code Ann. 59-12-106(1).

Filing of a bankruptcy petition operates as a stay against the commencement or any continuation of any administrative process against a debtor. 11 U.S.C. Section 362.

3. The stay becomes dissolved when at the earliest of the case is closed, the case is dismissed or the individual receives a discharge. 11 U.S.C. Section 362 C2.

4. A discharge is granted when the plan under chapter 11 is confirmed. 11 U.S.C. Section 1141 DlA.

5. The Petitioner's plan has been confirmed, therefore, the stay is no longer in effect and the Tax Commission is not hindered by the stay of 11 U.S.C. Section 362 in its pending proceedings.

DECISION AND ORDER

The Tax Commission, after reviewing the evidence and arguments of the Petitioner and research and recommendations of the presiding Officer conclude that there has, in fact, been a violation of the Utah Code as it relates to the collection, reporting and repayment of sales tax and therefore revokes license No. XXXXX for failure to comply with the laws of the State of Utah.

DATED this 5 day of October, 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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