BEFORE THE UTAH STATE TAX COMMISSION
: INFORMAL DECISION
COLLECTION DIVISION OF THE : Appeal No. 90-1386
UTAH STATE TAX COMMISSION :
: Account No. XXXXX
STATEMENT OF CASE
Petitioner, XXXXX, appeals the imposition of late filing and late payment penalties totaling $$$$$ with respect to its sales tax liability for the fourth quarter XXXXX. Petitioner also appeals late filing and late payment penalties totaling $$$$$ with respect to its sales tax liability for the second quarter XXXXX. Pursuant to the Utah Administrative Procedures Act and the rules of the Utah State Tax Commission, this matter is conducted as an informal adjudicatory hearing. As no hearing has been requested, this decision is based upon information contained in the Tax Commission's file.
Due to the negligence of one of its owners, Petitioner failed to file and pay its sales tax liability for the fourth quarter XXXXX until XXXXX two days after the filing date had passed. With respect to the second quarter XXXXX, Petitioner has provided no explanation for its late filing and payment of its sales tax liability in the amount of $$$$$.
DECISION AND ORDER
Petitioner's request for waiver of such penalties with respect to the fourth quarter XXXXX, which was only two days late, is granted. As Petitioner has failed to provide any explanation for its late filing and payment of sales tax liability for the second quarter XXXXX, its request for waiver of late filing and late payment penalties in connection with that quarter is denied. It is so ordered.
DATED this 24th day of September, 1990.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis