89-2609 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

Petitioner, :

: FINDINGS OF FACT,

v. : CONCLUSIONS OF LAW;

: AND FINAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 89-2609

UTAH STATE TAX COMMISSION, :

: 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 represented by XXXXX. No one representing the Respondent appeared at the hearing.

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 and use tax.

2. The period in question is the first quarter of XXXXX.

3. An audit by the Utah State Tax Commission of Petitioner's sales tax records began in XXXXX and concluded XXXXX. Early in the audit, Petitioner became aware of several computational errors on Petitioner's sales tax return for the period in question and Petitioner recognized that some changes needed to be made. Thinking that the current ongoing audit may have some effect on how Petitioner should file the return in question and thinking also that the audit would be concluded well in time for Petitioner to file that return, Petitioner set it aside and intended to file it when the audit was completed. Petitioner forgot about that return and did not file it until XXXXX.

4. Petitioner now requests waiver of the penalty and interest assessed as a result of the late payment and filing of the sales taxes for the period in question.

CONCLUSIONS OF LAW

1. Utah Code Ann. 59-1-401 and59-1-402 provide that penalty and interest shall be charged for the late payment and filing of taxes.

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

3. Such reasonable cause has not been shown in this case. Mere error or negligence is not sufficient reasonable cause under the statute for waiver of penalty and interest.

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 penalty and interest be denied.

DATED this 17th day of May, 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