BEFORE THE UTAH STATE TAX
COMMISSION
________________________________
COLLECTION
DIVISION OF THE :
UTAH STATE TAX COMMISSION, : FINDINGS
OF FACT,
: CONCLUSIONS
OF LAW,
Petitioner, : AND FINAL DECISION
:
v. :
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
Chairman Commissioner
Joe B.
Pacheco G.
Blaine Davis
Commissioner Commissioner