88-2569 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

Petitioner, : FINDINGS OF FACT,

: CONCLUSIONS OF LAW

v. : AND FINAL DECISION

: Appeal No. 88-2569

COLLECTION DIVISION OF THE :

UTAH STATE TAX COMMISSION, : Account No. XXXXX

Respondent. :

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission pursuant to the Utah Administrative Procedures Act for a formal hearing on XXXXX, before Joseph G. Linford, Presiding Officer. Petitioner was represented by XXXXX. No one representing Respondent appeared.

After reviewing the evidence and arguments of the parties in the record and the recommendation of the presiding officer, the Tax Commission hereby makes its:

FINDINGS OF FACT

1. The tax in question is sales tax.

2. The period in question is all four quarters of XXXXX.

3. During this period, Petitioner hired additional employees to help with an increasing workload. Petitioner subsequently discovered that some of these employees were stealing large amounts of money from Petitioner.

4. The amount of money stolen was in the thousands of dollars and was sufficient to render it virtually impossible, according to Petitioner, for Petitioner to pay many of its obligations, one of which was the tax in question.

5. Because of these circumstances which were beyond Petitioner's control, Petitioner asserts that it was unable to pay the taxes concerned and therefore requests a waiver of the penalty and interest.

6. Although this case deals with sales and use tax, Petitioner was also assessed penalties and interest for late payment and filing of withholding tax which Petitioner also appealed. The final decision on that case, dated XXXXX, waived the penalties assessed but not the interest under the same circumstances as this case.

CONCLUSIONS OF LAW

1. Utah Code Ann. 59-1-401 and59-1-402 provide that penalties and interest shall be assessed for the late filing of sales taxes.

2. Utah Code Ann. 59-1-401(8) provides that the Commission, may upon reasonable cause shown, waive or reduce the penalties assessed under the above statutes.

3. Such reasonable cause has been shown in this case. The circumstances which created the inability of Petitioner to pay the tax in question were beyond the Petitioner's control. Reasonable cause for waiver of interest has not been shown because the State was deprived of the use of these taxes and should be compensated for that loss.

DECISION AND ORDER

Based on the foregoing, it is the decision and order of the Utah State Tax Commission that all penalty amounts be waived. Interest amounts are not waived, but are hereby ordered to be recalculated to include considerations for the waiver of the penalty.

DATED this 17 day of May, 199O.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner