89-2700 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

:

Petitioner : FINDINGS OF FACT

: CONCLUSIONS OF LAW

v. : AND FINAL DECISION

:

: Appeal No. 89-2700

COLLECTION DIVISION OF THE :

UTAH STATE TAX COMMISSION :

: Account No. XXXXX

Respondent :

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. Paul F. Iwasaki, Presiding Officer, heard the matter for and in behalf of the Tax Commission. Present and representing the Petitioner were XXXXX, attorney for the Petitioner, and XXXXX, tax manager for the Petitioner.

Based upon the evidence and testimony presented at the hearing, the Tax Commission hereby makes its:

FINDINGS OF FACT

l. The tax in question is sales tax.

2. The period in question is the fourth quarter XXXXX.

3. On XXXXX, the Petitioner hired an individual whose sole responsibility was the filing and payment of the sales tax returns for the Petitioner in approximately 48 taxing jurisdictions.

4. On XXXXX, the above mentioned individual, without prior notice or warning, resigned from his position effective immediately. As of that date, the individual had not prepared any of the tax returns that he had responsibility for and had taken the return forms with him when he left.

5. The tax manager for the Petitioner then attempted to prepare the returns for the 48 taxing jurisdictions. Those returns were prepared in order of the dates which they were due. The majority of those returns were due on the XXXXX and XXXXX days of the month.

6. Because of the Petitioner's circumstances, the Utah sales tax return was not filed and paid until XXXXX, approximately 22 days late.

7. As a result of the failure to timely file and pay the sales tax due for the fourth quarter XXXXX, a penalty in the amount of $$$$$ was assessed.

8. The Petitioner has a good record of filing its returns in a timely manner and has not been late on any previous occasions.

CONCLUSIONS OF LAW

The Tax Commission is granted the authority to waive, reduce, or compromise penalties and interest upon a showing of reasonable cause. (Utah Code Ann. 59-1-401(8).)

DECISION AND ORDER

Based upon the foregoing, the Tax Commission finds that sufficient cause has been shown which would justify a waiver of the penalty assessed for the fourth quarter XXXXX sales tax. It is so ordered.

DATED this 3rd day of May, 1990.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner