BEFORE THE UTAH STATE TAX COMMISSION
In Re: ) FINDINGS OF FACT,
: CONCLUSIONS OF LAW,
XXXXX ) AND FINAL DECISION
: Appeal No. 91-0913
: 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. Participating by telephone and representing the Petitioner was XXXXX of the law firm of XXXXX. Also participating by telephone on behalf of the Petitioner was XXXXX, Petitioner's controller.
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 is a XXXXX doing business in Utah and several other states. As of XXXXX, Petitioner began to charge sales tax to all resale customers in Utah in order to report and remit such tax liability to the Utah State Tax Commission.
Petitioner's delay was due to understandable confusion regarding this matter. The Commission therefore declines to dismiss this appeal on the basis of Petitioner's delay in filing its appeal.
Regarding the merits of the appeal, Petitioner has established that it affirmatively attempted to comply with sales tax filing requirements by contacting Commission offices to obtain necessary forms. Those forms were not supplied until after the filing deadline. When finally received, Petitioner immediately completed and filed the forms and submitted full payment of the tax due.
Based upon the foregoing, the Tax Commission finds that sufficient cause has been shown which would justify a waiver of the penalty associated with the Petitioner's second quarter XXXXX sales tax liability. Interest is not waived, but will be recomputed in accordance with this decision. It is so ordered.
DATED this 10th day of December, 1991.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco S. Blaine Willes