91-0338 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

____________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

: AND FINAL DECISION

XXXXX : Appeal No. 91-0338

: Account No. XXXXX

: Tax Type: Penalty/Int.

_________________________________

STATEMENT OF CASE

This matter came before the Utah Tax Commission for a formal hearing on XXXXX. Alan Hennebold, Presiding Officer, heard the matter for and on behalf of the Commission. The Petitioner participated by telephone on his own behalf.

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 XXXXX through XXXXX.

3. The Petitioner's sales tax liability for the period in question was $$$$$. Late filing and late payment penalties of $$$$$ have been assessed against him, plus interest. The Petitioner has paid $$$$$ toward his tax liability.

4. At the hearing before the Tax Commission, the Petitioner acknowledged his failure to file his sales tax returns, or pay his sales tax liability for the period in question. The Petitioner explained he had been financially unable to pay the sales tax liability as it accrued.

5. When the Petitioner's failure to comply with sales tax filing and payment requirements came to the attention of Tax Commission staff, the Petitioner was advised by a Tax Commission employee that if he paid the amount of the tax, the penalty and interest would be waived. The Petitioner withdrew his savings from an IRA account and borrowed additional funds which were applied to his liability. He then filed his request that penalty and interest be waived.

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

In view of the Petitioner's circumstances, his efforts to satisfy his sales tax liability, and the representations made by Commission staff, the Commission finds reasonable cause exists to waive penalty assessed with respect to the Petitioner's sales tax liability from XXXXX to XXXXX. Interest is not waived. It is so ordered.

DATED this 17th day of September, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco S. Blaine Willes*

Commissioner Commissioner