BEFORE THE UTAH STATE TAX COMMISSION
AUDITING DIVISION OF THE : Appeal No. 89-2479
UTAH STATE TAX COMMISSION, :
: Account No. XXXXX
STATEMENT OF CASE
This matter came before the Utah State Tax Commission pursuant to the Petitioner's Petition for Redetermination arising from a sales tax deficiency assessed for the audit period XXXXX, through XXXXX.
Prior to a formal hearing on the matter, the Petitioner, by and through its representative, XXXXX, requested that the appeal be withdrawn. The representative indicated that the Petitioner no longer wanted to contest the audit findings, and was content with the explanation provided by the Auditing Division as to the nature of the deficiency. The Petitioner did, however, request that the penalty imposed be waived.
The Auditing Division, by and through its representatives, XXXXX, Assistant Attorney General, and XXXXX, Auditor, recommended that the penalty imposed be waived. The auditor noted that no penalty was assessed when the audit report was issued.
The records of the Commission show that a penalty was automatically imposed by computerized equipment when the Petitioner's payment on the deficiency exceeded thirty days.
The Respondent's recommendation that the penalty be waived is based upon the facts that: (1) no penalty was initially assessed in the audit report; and (2) the Petitioner could have reasonably believed in good faith that the handling of its sales tax matters was correct, thus, did not act negligently in its handling of its sales tax matters.
DECISION AND ORDER
Based upon the foregoing, the Tax Commission hereby orders that the above-captioned appeal be withdrawn and further orders that the penalty imposed for the audit period XXXXX, through XXXXX, be waived. It is so ordered.
DATED this 8th day of March, 1991.
BY ORDER OF THE UTAH STATE TAX COMMISSION.