89-1376 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

COLLECTION DIVISION OF THE :

UTAH STATE TAX COMMISSION :

:

Petitioner : FINDINGS OF FACT

: CONCLUSIONS OF LAW

v. : AND FINAL DECISION

:

: Appeal No. 89-1376

XXXXX : ACCT. No. XXXXX

XXXXX )

Respondent :

_________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission pursuant to the Utah Rules of Administrative Procedure and the Administrative Procedures Act for a formal hearing on XXXXX before Joseph G. Linford, Presiding Officer. XXXXX and XXXXX of the Collection Division of the Utah State Tax Commission appeared representing the Petitioner. The Respondent was represented by XXXXX and XXXXX, owners of the business.

After reviewing the evidence and arguments of the parties in the record and the recommendation of the Presiding Officer, the Tax Commission makes its:

FINDINGS OF FACT

1. Respondent was issued a sales tax license No. XXXXX.

2. Respondent was in arrears on sales tax collection remittance to the State Tax Commission in the sum of $$$$$ including penalty and interest for the last two quarters of XXXXX. Since that time, Respondent has stayed current in the payment of sales taxes but has not paid these back taxes.

3. Respondent also owes their bank a considerable amount of money and is struggling to meet its financial obligations.

4. Respondent states that they have applied for a small business administration loan in order to use the proceeds of that loan to pay the back taxes. They indicate they are also trying to refinance the lot that they own in order to generate more capital for the continuation of the business. At the time of hearing, the Respondent did not know for sure whether these options would actually develop to their benefit but they also indicated that they were fairly sure that at least one of them would.

Based upon this assertion, the Hearing Officer with the concurrence of Petitioners gave Respondents ten days from the date of the hearing in which to submit some substantial evidence to indicate that these funds would be forthcoming. Such evidence has not been submitted by Respondent as of the date of this decision.

5. Although Petitioner has collected $$$$$, the Respondent has continually failed to meet deadlines and to make regular payments as promised.

CONCLUSIONS OF LAW

The Tax Commission has authority under Utah Code Ann. 59-12-106(1) to revoke the sales tax license of any person failing to comply with the laws of the State of Utah relative to the collection and payment of sales tax. It is evident that the Respondent has not been able or willing to comply with such laws, and therefore license No. XXXXX is revoked.

DECISION AND ORDER

Based upon the foregoing, the Tax Commission finds sufficient cause for revocation of license No. XXXXX for failure to comply with the laws of the State of Utah. Therefore, it is the decision and order of the Utah State Tax Commission that license No. XXXXX is revoked and the Respondent is ordered to surrender the license to the Tax Commission within three (3) days from the date of this order.

DATED this 27th day of December, 1989.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner