91-0532 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

____________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 91-0532

: Account No. XXXXX

_______________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. Alan Hennebold, 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 XXXXX through XXXXX.

3. The Petitioner filed its sales tax return for the period in question in a timely fashion and included payment of the tax due by check. Petitioner's check failed to clear the bank. Petitioner had a relationship with its bank by which the bank would advise Petitioner if its account held insufficient funds to pay checks that had been presented for payment. Petitioner would then deposit sufficient funds to cover such checks. However, at the time the sales tax check was presented to the bank, a new bank employee failed to notify Petitioner of the need for additional funds, and instead returned the check to the Commission. The Petitioner was not advised by the Tax Commission until four months had passed that its check had been returned.

4. As a result of the foregoing, a non payment penalty of $$$$$ was assessed, together with associated interest. All but $$$$$ of that penalty has previously been 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 the present case, the Petitioner has established that it filed its sales tax return in a timely manner and had the means by which to pay its liability. Due to unforeseen circumstances the Petitioner's check was dishonored by its bank. When notified of the deficiency, the Petitioner immediately corrected the problem. In recognition of the foregoing, the Commission has previously reduced the penalty assessed against Petitioner from $$$$$ to $$$$$.

Based upon the foregoing, the Tax Commission finds that sufficient cause has been shown which justifies waiver of the penalty associated with the Petitioner's second quarter XXXXX sales tax liability. Interest charges are not waived. It is so ordered.

DATED this 16th 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