89-1049 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

Petitioner : FINDINGS OF FACT

: CONCLUSIONS OF LAW

: AND FINAL DECISION

:

: Appeal No. 89-1049

COLLECTION DIVISION OF THE :

UTAH STATE TAX COMMISSION :

: Acct 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 presented at the hearing, the Tax Commission hereby makes its:

FINDINGS OF FACT

1. The tax in question is sales and use tax.

2. The period in question is XXXXX.

3. As a result of an audit conducted on the Petitioner, approximately $$$$$ worth of property has been purchased by the Petitioner without having paid the appropriate sales tax.

4. A penalty of $$$$$ was assessed for the sales and use tax.

5. Petitioner's representative stated that for the years prior to the audit, Petitioner had requested all of their vendors to charge sales tax. However, those vendors failed to charge and collect sales tax, and if they did, those items were not identified as line items on the accounting books.

6. Petitioner was initially denied a waiver of the penalty and interest for the period in question, and notified of that decision by a letter dated XXXXX. That letter notified the Petitioner of a 30 day right to appeal the decision.

7. Petitioner did not file an appeal of the notice dated XXXXX until XXXXX. Petitioner stated that the letter of XXXXX had been filed away in the Petitioner's file without action having been taken on it.

CONCLUSIONS OF LAW

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

DECISION AND ORDER

Based on the foregoing, the Utah State Tax Commission finds that sufficient evidence has not been established which would justify a waiver or reduction of the penalties and interest for the period in question. Therefore, Petitioner's request to waive the penalty and interest associated with the XXXXX audit period is denied.

DATED this 27th day of February, 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