89-1302 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

:

Petitioner : FINDINGS OF FACT,

: CONCLUSIONS OF LAW

v. : AND FINAL DECISION

:

: Appeal No. 89-1302

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. Petitioner was present at the hearing. 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 tax.

2. The period in question is the tax year XXXXX.

3. Petitioner was in the business of selling stamps prior to the Christmas season in XXXXX. Petitioner was on a yearly filing basis for purposes of sales tax, and she erroneously thought that this meant that her tax year was from XXXXX to XXXXX, inasmuch as she applied for her sales tax number at the end of XXXXX. After XXXXX Petitioner sold no more stamps. Petitioner paid her sales taxes in XXXXX.

4. Petitioner's tax period was from XXXXX to XXXXX.

5. As a result of Petitioner's request for waiver of penalties and interest assessed for her late payment of sales tax, the penalty was reduced from $$$$$ to $$$$$. Petitioner was notified of this action by letter from the Tax Commission dated XXXXX.

6. Petitioner now asks for a waiver of the remaining balance 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 been shown for waiver of the penalty but not the interest in this case.

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 penalty be granted and for waiver of interest be denied.

DATED this 29th 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