90-1117 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_________________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 90-1117

: Account No. XXXXX

__________________________________

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 were XXXXX and 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 sales tax.

2. The period in question is the second quarter of XXXXX.

3. Petitioner contends that the sales tax payment was mailed timely for the period in question. The check with which Petitioner made payment is dated XXXXX and is written for the full amount owing for the period in question. The tax return completed by Petitioner's accountant also has a date of XXXXX.

4. Petitioner states that it has been doing business for many years, has never had a problem with timely filing and payment of its taxes, and cannot understand why there would be a difficulty with the period in question. Petitioner's accountant, XXXXX, testified that the payment was timely.

5. A review of Petitioner's bank statement for the period in question shows that Petitioner had ample funds in its account to pay the sales tax liability at the time it was due.

6. Tax Commission records show that the payment was not received by the Tax Commission until XXXXX, XXXXX days after the due date.

7. Based upon the foregoing facts, Petitioner requests waiver of the penalty and interest associated with the period in question.

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

The evidence indicates that Petitioner did mail the sales tax payment for the period in question timely and that the delay in receipt of that payment by the Tax Commission was not due to the fault of Petitioner.

Based upon the foregoing, the Tax Commission finds that sufficient cause has been shown which would justify a waiver of the penalty and interest associated with the second quarter of XXXXX. It is so ordered.

DATED this 12 day of February, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner