BEFORE THE UTAH STATE TAX COMMISSION
Petitioner, : FINDINGS OF FACT,
: CONCLUSIONS OF LAW
v. : AND FINAL DECISION
: Appeal No. 89-1314
COLLECTION DIVISION OF THE :
STATE TAX COMMISSION OF UTAH :
: Account No. XXXXX
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 period in question is the second quarter of XXXXX.
3. The sales tax return in this case was signed on XXXXX and its envelope was postmarked XXXXX.
4. When Petitioner discovered that penalty and interest were being assessed, the Petitioner called the Tax Commission and talked to an unnamed person who told Petitioner that all that would be necessary would be for Petitioner to submit a request to waive the penalty. Petitioner assumed that this was an automatic procedure and that the penalty would therefore be waived upon submission of the request for waiver.
5. The request for waiver of penalty was denied and the total amount of penalties and interest due of $$$$$ on a tax amount of approximately $$$$$ was paid by the Petitioner on XXXXX.
6. Petitioner admits that the return was mailed two days late because Petitioner's owner was out of town and had to sign the form before it could be mailed.
7. Petitioner's past history of payment of sales tax shows that Petitioner has a good history of timely payment.
8. Petitioner now requests that the penalty and interest assessments be waived.
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 in this case for waiver of the penalties and interest assessed.
DECISION AND ORDER
Based upon the foregoing, it is the decision and order of the Utah State Tax Commission that Petitioner's request for waiver of the penalty and interest be granted.
DATED this 21st day of March, 1990.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis