89-2708 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

Petitioner, :

:

: FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

: AND FINAL DECISION

:

: Appeal No. 89-2708

: Account No. XXXXX

COLLECTION DIVISION OF THE :

UTAH STATE TAX COMMISSION, :

Respondent. :

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. Joseph G. Linford, Presiding Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner was XXXXX, Certified Public Accountant. No one representing Respondent appeared at the hearing.

Based upon the evidence and testimony presented at the hearing, 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 third quarter of XXXXX.

3. Petitioner alleges that it mailed the tax return and payment in full for the period in question on time.

Petitioner discovered approximately two months after the deadline that the check had not been cashed. Petitioner contacted the Tax Commission and alleges it was told that the return was probably still in the mail room because the mail room was heavily backlogged at the time. A few months later, the Tax Commission contacted the Petitioner and requested another tax return and check because the originals could not be located. Petitioner then stopped payment on the original check and sent in another copy of the return and a new check for the amount of taxes due.

4. By letter dated XXXXX, the Tax Commission notified Petitioner that all penalties had been waived in this case. Interest amounts were still outstanding.

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

Reasonable cause has not been shown for waiver of the interest in this case. The penalty has already been waived and there is no evidence that the return and payment were lost by the Tax Commission. While this may or may not be the case, it is just as likely that other parties who handled the return and check may have misplaced it rather than the Tax Commission. Under such circumstances where the State has been deprived of the use of the tax funds in question for a period of time, the State should be recompensed for that loss of use.

Based upon the foregoing, it is the decision and order of the Utah State Tax Commission that Petitioner's request for waiver of interest is denied. It is so ordered.

DATED this a 20th day of August, 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