89-1277 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

:

Petitioner : FINDINGS OF FACT,

: CONCLUSIONS OF LAW

v. : AND FINAL DECISION

:

: Appeal No. 89-1277

COLLECTION DIVISION OF THE :

STATE TAX COMMISSION OF UTAH )

: 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. No one representing either Petitioner nor Respondent appeared at the hearing. This decision, therefore, is based upon the evidence in the file.

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 periods in question are the tax years XXXXX and XXXXX.

3. Petitioner was under the erroneous impression that she could wait to pay her sales taxes until she obtained her Mother's Day income to use to pay those taxes. This occurred for both the tax years in question.

4. When Petitioner received the statements of delinquent taxes for the periods in question, she assumed that she was being charged an overassessment rather than a penalty for late payment, inasmuch as she did not know that she was late in paying the taxes in question, therefore, Petitioner has paid the sales tax amounts, but has not paid the penalty and interest amounts due.

5. On each of the statements of delinquent taxes the tax amounts, penalty amounts and interest amounts are all clearly and separately designated, so that it would be difficult for a person to mistake penalty and interest assessments for an overassessment or overestimation of tax amounts.

6. Petitioner now requests the Tax Commission to waive the penalties and interest due.

CONCLUSIONS OF LAW

1. Utah Code Ann. 59-1-401,59-1-402 and59-12-111 provide that penalties and interest shall be assessed for the late filing of sales tax returns and the late payment of sales taxes.

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

3. Such reasonable cause has not been shown in this case due to the fact that Petitioner was very late in the payment of the sales taxes in question and also because it would be very difficult for anyone to assume that the penalty and interest amounts designated on the statements of delinquent taxes constitute overestimation or overassessment of tax amounts due.

DECISION AND ORDER

Based upon the foregoing, it is the decision and order of the Utah State Tax Commission that the request of Petitioner for waiver of penalties and interest be denied.

DATED this 21st day of March, 1990.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

ABSENT

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner