91-0934 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX, )

Petitioner, : ORDER

v. :

AUDITING DIVISION OF THE : Appeal No. 91-0934

UTAH STATE TAX COMMISSION, : Account No XXXXX

Respondent :

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission upon a Petition for Reconsideration, dated XXXXX filed by the Petitioner as a result of the Commission s final decision, dated XXXXX.

FINDINGS

1. Utah Administrative Rule R861-1A-5(P) provides that a Petition for Reconsideration will allege as grounds for reconsideration either a mistake in law or fact or the discovery of new evidence. Under this rule the Tax Commission may exercise its discretion in granting or denying a Petition for Reconsideration.

2. In its Petition For Reconsideration Petitioner raises what it considers to be errors of fact in the Commission's prior decision. However, as generally acknowledged by Petitioner, such alleged errors were not material to the Commission s prior decision in this matter.

3. The primary point raised by Petitioner's Request For Reconsideration is as follows: Petitioner's acquisition of the used computer equipment in question was the result of isolated or occasional sales by the XXXXX. Utah Code Ann. 59-12-104(14) exempts isolated or occasional sales from sales tax. According to Petitioner the same exemption must be applied to Petitioner's subsequent use of the equipment, so as to preclude imposition of use tax.

The Commission carefully considered the foregoing argument in reaching its initial decision in this matter. The Commission has again considered Petitioner's argument in connection with Petitioner's Request for Reconsideration. The Commission continues to believe that although Petitioner's initial purchase of the subject property is not subject to sales tax, Petitioner's subsequent use of the equipment in Utah is subject to Utah's use tax.

DECISION AND ORDER

Based upon the foregoing, it is the decision and order of the Utah State Tax Commission that the Petition for Reconsideration is denied. It is so ordered.

DATED this 15 day of January, 1993.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

ABSENT

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco S. Blaine Willes

Commissioner Commissioner