BEFORE THE UTAH STATE TAX COMMISSION
COLLECTION DIVISION OF THE :
UTAH STATE TAX COMMISSION, : FINDINGS OF FACT,
: CONCLUSIONS OF LAW,
Petitioner, : AND FINAL DECISION
XXXXX, ) Appeal No. 90-1408
Respondent. : Account No. XXXXX
STATEMENT OF CASE
This matter came before the Utah State Tax Commission pursuant to a petition by the Collection Division of the Utah State Tax Commission for the revocation of license number XXXXX, for failure to comply with the laws of the state of Utah.
Hearing on the matter was held on XXXXX. Joseph G. Linford, Hearing Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner were XXXXX and XXXXX. Present and representing the Respondent 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 sales tax.
2. The periods in question are the first quarter XXXXX through the fourth quarter XXXXX.
3. Respondent has a long history of nonpayment or late payment of sales tax. Respondent has not complied with agreements between Respondent and Petitioner for payment of taxes, submission of Respondent's financial statement or filing of Respondent's returns. As of this date, Respondent has not filed or paid the sales tax for the first quarter XXXXX.
4. Respondent cited severe problems within his family, which have put his finances under severe stress, as cause for not paying the taxes in question in a timely manner.
5. Respondent's owner, XXXXX, did indicate that he will be able to sell some of his assets and will be able to finish and receive payment for orders now in process in his business. He feels that the combination of these two sources of income, plus the fact that his last payment for the purchase of the XXXXX business will be made within a month, will enable XXXXX to pay the back taxes by the end of the year and also keep current on sales taxes as they come due.
6. Petitioner recommended that the Tax Commission order a stay of the revocation proceedings for thirty (30) days, by which time Respondent must comply with the following requirements: the filing of his second quarter XXXXX tax return and payment by certified check, and a completed financial statement; the signing of a written agreement to file and pay taxes monthly by certified check and put sales tax money collected into a separate account from other accounts, either personal to XXXXX or to the business accounts of XXXXX; and the posting of a bond by certified check as required by Utah Administrative RuleR865-19S-8.
CONCLUSIONS OF LAW
The Tax Commission shall revoke the license of any person violating any provisions of the Sales Tax Act. (Utah Code Ann. §59-11-106(1).)
DECISION AND ORDER
Based upon the foregoing, it is the decision and order of the Utah State Tax Commission that within thirty (30) days from the date of mailing of this order, Respondent must: file and pay by certified check the second quarter XXXXX sales tax; file a completed financial statement with the Petitioner; enter into an agreement with Petitioner to file and pay sales taxes by certified check on a monthly basis; and have established a separate account, and deposit all sales tax amounts collected by Respondent in that account to subsequently be paid to the Tax Commission when due each month. Respondent must post a bond by certified check of $$$$$. If Respondent fails to meet any of these conditions at the end of the thirty day period indicated, then Petitioner must file with the Appeals Section an affidavit to that effect, upon which sales tax license number XXXXX will be revoked without further notice and Respondent shall surrender the license to the Tax Commission within three working days from that date. Further, if Respondent does meet these requirements by the thirty day deadline, Respondent is also required to keep current on each month's sales tax payments as they come due, and to pay off all outstanding sales tax balances by certified check, including tax, penalty, and interest amounts, by XXXXX. If Respondent fails to do so, then Petitioner must file an affidavit to that effect with the Appeals Section, upon which sales tax license number XXXXX will be revoked without further notice and the license must be surrendered to the Utah State Tax Commission within three working days from that time. It is so ordered.
DATED this 2 day of October, 1990.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis