90-1517 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 90-1517

: Account No. XXXXX

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal telephone hearing on XXXXX. Joseph G. Linford, Presiding Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner 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 period in question is the second quarter of XXXXX.

3. Petitioner's employee normally in charge of making the sales tax payments, including the prepayment for the second quarter of each year, left Petitioner's employ in approximately XXXXX. The new, replacement employee was not trained or informed about the necessity of making a sales tax prepayment for the period in question.

4. Petitioner states that the prepayment return was timely filed, but that no check in the amount of the prepayment was sent with the return.

5. Petitioner cites a good past and subsequent record in the timely payment and filing of sales taxes. A penalty was assessed upon Petitioner for the second quarter of XXXXX which was reduced to $$$$$.

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

Petitioner is responsible for the actions of its employees and for the proper training of its employees in the appropriate procedures for the timely filing and payment of the prepayment. Petitioner was aware of the prepayment requirement since Petitioner had been required to make the prepayment in previous years, and Petitioner was negligent in not ensuring that the prepayment was made for the year in question in a timely manner.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of the penalty associated with the second quarter of XXXXX. It is so ordered.

DATED this 14 day 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