90-1388 - Sales and Use

 

BEFORE THE UTAH STATE TAX COMMISSION

___________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 90-1388

: 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, 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 and use tax.

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

3. Petitioner was required to make a sales tax prepayment for the period in question. Petitioner's representatives stated that this was the first time it was required to make such a prepayment and that Petitioner was unfamiliar with the procedures as well as the law which rendered Petitioner subject to the prepayment requirement.

4. Petitioner's representatives stated that Petitioner cannot find its tax records for the second quarter of XXXXX and Petitioner is unsure whether it was required to make the prepayment for that period. However, Tax Commission records indicate that Petitioner was required to, and did, submit a prepayment for at least the second quarter of XXXXX, only a year previous to 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 Tax Commission finds that since Petitioner did make the prepayment for at least the second quarter of the previous year, the taxpayer should have known that the prepayment would be required for the year in question and should have complied with the requirements for making that prepayment.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not 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 6 day of February, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

ABSENT

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner