91-0937 & 91-0938 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________

In Re: )

:

XXXXX ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

: AND FINAL DECISION

:

: Appeal Nos. 91-0937 &

: 91-0938

_______________________________

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, C.P.A.

Based upon the evidence and testimony presented at the hearing, the Tax Commission hereby makes its:

FINDINGS OF FACT

1. The taxes in question are sales tax and withholding tax.

2. The periods in question are: a) sales tax, second and third quarters of XXXXX; and b) withholding tax, second, third and fourth quarters of XXXXX.

3. Petitioner began doing business during the second quarter XXXXX. He employed a local C.P.A. to prepare and file his various tax reports. The Petitioner provided his C.P.A. with his business records and delivered all tax correspondence to her.

4. During early XXXXX, the Petitioner discovered his C.P.A. had failed to filed sales and withholding tax returns during the previous year. He then engaged XXXXX to prepare and file those returns. XXXXX obtained Petitioner's records from the other C.P.A., then filed the necessary reports during XXXXX, accompanied with payment of sale tax of $$$$$ and withholding tax of $$$$$.

5. Because Petitioner's returns for the periods in question were not filed or paid within the time permitted by law, penalties totalling $$$$$ were imposed against Petitioner's sales tax liability and penalties of $$$$$ were imposed against his withholding tax liability.

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

The evidence on this matter establishes that the Petitioner acted in a prudent manner in entrusting his tax affairs to a C.P.A., presuming that such a person had requisite expertise to see that applicable tax filing requirements were met. When the Petitioner discovered that his representative had failed to file the necessary tax returns, he obtained the services of a second C.P.A. Petitioner's sales and withholding tax returns have now been filed and the amount of tax due on those returns has been paid.

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 and withholding tax liability for the periods in question. 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.

ABSENT

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco S. Blaine Willes

Commissioner Commissioner