90-0978 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_______________________________

XXXXX

Petitioner, : FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

v. : AND FINAL DECISION

COLLECTION DIVISION OF THE : Appeal No. 90-0978

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 on behalf of the Commission. Present and representing the Petitioner was XXXXX.

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 prepayment sales tax.

2. The period in question is XXXXX.

3. The Petitioner did not file its prepayment sales tax for the afore-mentioned period until XXXXX.

4. The basis for the delay was that the Petitioner had hired two new staff members during that period of time whose responsibilities included the payment of sales and use taxes for the Petitioner. Those individuals were not aware of the prepayment requirement and were not made aware of it until they began preparing the sales tax return for the second quarter of XXXXX.

5. The Petitioner is not a new business in Utah. Petitioner has been doing business in Utah and been responsible for prepayment and has paid the prepayment of sales tax for a number of years prior to the date in question. Therefore, management of Petitioner was or should have been well aware of the prepayment requirement, including the due date of the prepayment return.

6. A penalty in the amount of $$$$$ was assessed for the untimely payment of the sales tax prepayment.

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 not been shown which would justify a waiver of the penalty associated with the prepayment of sales tax for XXXXX. It is so ordered.

DATED this 6 day of September, 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