BEFORE THE UTAH STATE TAX COMMISSION
v. ) INFORMAL DECISION
) Appeal No. 90‑0125
COLLECTION DIVISION OF THE )
UTAH STATE TAX COMMISSION, )
) Account No. XXXXX
STATEMENT OF CASE
This is an appeal to the Utah State Tax Commission requesting waiver of penalty or interest assessment on Petitioner's sales and use tax return for the second quarter of XXXXX. Pursuant to Utah Code Ann. '63‑46b‑5(1)(b,j), no hearing was held. A review of Petitioner's file served as the evidentiary basis for this decision.
Petitioner asserts that the sales tax return and payment were remitted on time to the Tax Commission and that either they were lost in the mail or by Tax Commission personnel. There is no record of the Tax Commission receiving this return or payment. As soon as Petitioner discovered that the Tax Commission had not received this payment, the payment of the tax amount due was made.
Utah Code Ann. ''59‑1‑401 and 59‑1‑402 provide that penalties and interest shall be assessed for the late payment and filing of taxes. Utah Code Ann. '59‑1‑401(8) provides that upon reasonable cause shown, the Tax Commission may waive or reduce penalties assessed under the above statutes.
Such reasonable cause has been shown for waiver of the penalty in this case. Petitioner mailed the return and payment in a timely manner and the circumstance of it not reaching the Tax Commission offices was beyond the control of the Petitioner. Interest, however, should not be waived since the state was deprived of the use of the tax funds in question for a period of time and should be compensated for that loss of use.
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 is granted. Petitioner's request for waiver of interest is denied, but interest shall be recalculated to account for the waiver of penalty. It is so ordered.
DATED this 20 day of August, 1990.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis
NOTICE: You have twenty (20) days after the date of the final order to file a request for reconsideration or thirty (30) days after the date of final order to file in District Court a petition for judicial review. Utah State Tax Commission Administrative Rule R861‑5A‑l(p) and Utah Code Ann. '63‑46b‑14(3)(a).