91-0328 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_______________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

: Appeal No. 91-0328

: 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 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 first quarter of XXXXX.

3. On XXXXX Petitioner's president, XXXXX, met with Petitioner's accountant and finished preparing the tax report for the period in question. XXXXX then personally mailed the return and payment at the post office. The envelope in which the return and payment were mailed does not have a postmark date. The date of XXXXX, is stamped on the envelope, but when Petitioner presented this to an official at the post office, the official stated that this was not a postal service postmark, but may have been a date stamped by the Tax Commission when they received the envelope.

4. Petitioner has a good past and subsequent history of timely payment and filing of its sales taxes.

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

Because the late arrival of the return and payment for the period in question at the Tax Commission was due to circumstances beyond Petitioner's control, the penalty in this case should be waived. Interest, however, should not be waived because the state was deprived of the use of the tax funds in question for a period of time through no fault of its own, and should be compensated for that loss of use.

Based upon the foregoing, the Tax Commission finds that sufficient cause has been shown which would justify a waiver of the penalty associated with Petitioner's sales taxes for the first quarter of XXXXX. Interest is not waived but shall be adjusted to account for the waiver of the penalty. It is so ordered.

DATED this 7th day of June, 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