BEFORE THE UTAH STATE TAX COMMISSION
v. ) ORDER
) Appeal No. 90-0036
COLLECTION DIVISION OF THE :
UTAH STATE TAX COMMISSION, )
: Account No. XXXXX
STATEMENT OF CASE
This matter comes before the Utah State Tax Commission upon a Petition for Reconsideration, dated XXXXX, filed by the Petitioner as a result of the final decision of the Commission, dated XXXXX, denying Petitioner's request for a waiver of penalty.
1. Utah Administrative Rule R861-1A-5(P) provides that the Tax Commission may exercise its discretion in granting or denying a Petition for Reconsideration.
2. Upon reconsideration, the Commission finds that several facts have come to light which were not before the Commission when the final decision was made:
a. As to the fourth quarter of XXXXX, it appears that the Petitioner requested and received from the Tax Commission an agreement to pay off the obligation within a ninety-day period. Petitioner complied with this agreement. When the Tax Commission utilizes such a procedure, then further penalty is usually waived.
b. Regarding the second quarter of XXXXX, Petitioner sold the business on XXXXX. However, because of the nonperformance of the purchaser, Petitioner repossessed the business on XXXXX. This means that the Petitioner was not the person who operated the business at the time the sales tax liability for the second quarter XXXXX was incurred. Therefore, the purchaser is responsible for the penalty for not filing and paying the sales tax in a timely manner.
3. Petitioner requests a hearing before the Commission in this matter. However, based upon the foregoing, a hearing is not necessary. The Commission finds that the Petition for Reconsideration should be granted and the original decision and order should be amended according to the terms of this order.
DECISION AND ORDER
Based upon the foregoing, it is the decision and order of the Utah State Tax Commission that this Petition for Reconsideration is granted and the penalty assessments for the fourth quarter XXXXX and the second quarter XXXXX are waived along with any interest amounts accrued on the penalty amounts.
DATED this 27 day of July, 1990.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis