89-0311 - Sales

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX )

:

Petitioner, ) FINDINGS OF FACT

: CONCLUSIONS OF LAW

v. ) AND FINAL DECISION

:

) Appeal No. 89-0311

COLLECTION DIVISION OF THE :

UTAH STATE TAX COMMISSION )

: Acct No. XXXXX

Respondent. )

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission pursuant to the Utah Rules of Administrative Procedure and the Administrative Procedures Act for formal adjudicative proceedings on XXXXX before Joseph G. Linford, Presiding Officer. Petitioner was represented by XXXXX who is Petitioner's President. No one representing Respondent appeared at the hearing.

After reviewing the evidence and arguments of the parties 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 January XXXXX to June XXXXX.

3. During the periods in question, an employee of Petitioner who was responsible for paying the sales taxes in question did not pay those sales taxes but instead appropriated the money to that employee's own use, apparently along with substantial additional amounts of Petitioner's money, perhaps up to $$$$$.

4. At the time the sales taxes were due for the first quarter of XXXXX, that employee told the Petitioner that the sales taxes for that quarter had been paid when, in fact, they had not. During the second quarter of XXXXX, Petitioner discovered its employee's embezzlement. However, because of the substantial amounts of money stolen, Petitioner was totally unable to pay taxes for either the first or the second quarter of XXXXX.

5. All the taxes plus interest have since been paid in full and the Petitioner now requests a waiver of the penalty amount since the circumstances which resulted in the late payment of Petitioner's sales taxes were beyond the Petitioner's control.

CONCLUSIONS OF LAW

Utah Code Ann. 59-1 401,59-12-107(19), and59-12-111 (1987 Rep., 1989 Supp.) provide that penalties shall be assessed for the late payment of sales taxes. Utah Code Ann. 59-1-401(8) (1987 Rep., 1989 Supp.) provides that upon reasonable cause shown the Tax Commission may waive or reduce penalties assessed under the above statutes. Such reasonable cause has been shown in this case due to the fact that the taxes in question were not paid because of circumstances beyond Petitioner's control.

DECISION AND ORDER

Based on the foregoing, it is the decision and order of the Utah State Tax Commission that Petitioner's request for waiver of penalties be granted.

DATED this 5th day of October, 1989.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

ABSENT

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner