89-1235 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

Petitioner : FINDINGS OF FACT,

: CONCLUSIONS OF LAW

v. : AND FINAL DECISION

:

: Appeal No. 89-1235

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 and use tax.

2. The period in question is XXXXX.

3. During the period in question, Petitioner sold to XXXXX a car for which Mr. XXXXX filled out a nonresident affidavit. Although Petitioner asserts that Mr. XXXXX represented to them that the automobile would be registered and used only in Oregon, the affidavit shows that Mr. XXXXX's current employment at the time of the purchase was in Salt Lake City, Utah. The affidavit also said that Mr. XXXXX would be a temporary resident in Utah for approximately two months.

4. Petitioner has been advised previously by the Tax Commission that temporary residence or employment within the state disqualifies a person from claiming sales tax exemption.

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 not been shown in this case. Although there was no intent to defraud the State of tax funds, it is a dealer's responsibility to ensure that those claiming exemption are actually entitled to that exemption. A dealer should take substantially more care than has been shown in this case to ensure that such an exemption does apply before granting it.

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 penalty be denied.

DATED this 17th day of May, 1990.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner