89-0632 - Occupation Tax

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

:

Petitioner :

: FINDINGS OF FACT,

v. : CONCLUSIONS OF LAW

: AND FINAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 89-0632

STATE TAX COMMISSION OF UTAH )

: Account No. XXXXX

Respondent :

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. Paul F. Iwasaki, Presiding Officer, heard the matter for and in behalf of the Commission. Present and representing the Petitioner was XXXXX.

Based upon the testimony and evidence presented at the hearing, the Tax Commission hereby makes its:

FINDINGS OF FACT

1. The tax in question is occupation tax.

2. The period in question is XXXXX.

3. The Petitioner started business in XXXXX. At that time it acquired assets and property of XXXXX through a bankruptcy proceeding.

4. Because of the bankruptcy proceeding, the records of XXXXX with respect to two of the fields in question, XXXXX and unnamed XXXXX, were not received by the Petitioner until XXXXX.

5. When the Petitioner filed and paid the occupation tax on the above mentioned wells, it had taken a 6-month production exemption pursuant to Utah Code Ann. 59-5-102(2)c. Petitioner did so believing in good faith that the two wells had been drilled after XXXXX.

6. The two wells in question had been drilled prior to XXXXX, however, because of the unavailability of the records from XXXXX, the Petitioners were not aware of that fact.

7. As a result of an audit, it was discovered that taxes in the amount of $$$$$ should have been paid because the exemption did not apply. That amount plus interest in the amount of $$$$$ was paid by Petitioner on XXXXX.

8. As a result of the late payment of the tax, the Petitioner was assessed a penalty in the amount of $$$$$.

CONCLUSIONS OF LAW

The Tax Commission is granted the authority to waive, reduce, or compromise penalties and interest upon a showing of reasonable cause. (Utah Code Ann. 59-1-401(8)).

DECISION AND ORDER

In the present case, the Tax Commission finds that sufficient cause exists to reduce the penalty associated with the occupation tax for XXXXX to an amount of $$$$$. It is so ordered.

DATED this 14th day of March, 1990.

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