91-1325 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

______________________________

In Re: )

:

XXXXX ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

: AND FINAL DECISION

:

: Appeal No. 91-1325

_____________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. Lisa L. Olpin, Presiding Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner was XXXXX, partner of 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 the prepayment of sales and use tax.

2. The period in question is the second quarter of XXXXX, i.e. XXXXX.

3. Petitioner failed to file and prepay its sales and use tax for the year XXXXX by XXXXX. Instead, Petitioner filed and paid $$$$$ in taxes at the end of the quarter on XXXXX. A penalty in the amount of $$$$$ and interest in the amount of $$$$$ were assessed.

4. XXXXX bought XXXXX in XXXXX. At the time he applied for the tax registration number, he was not informed of the prepayment requirement.

5. The previous office manager under the former owner did not continue employment with Petitioner after the new ownership. The new office manager was also unaware of the prepayment rule.

6. Petitioner proceeded to pay taxes on a quarterly basis as usual without knowledge of the prepayment obligation.

7. XXXXX previously owned XXXXX for XXXXX. This business was much smaller than XXXXX and never made enough money for XXXXX to encounter the prepayment requirement.

8. Petitioner learned of the prepayment requirement when the Tax Commission notified him on XXXXX, regarding the missed prepayment.

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

XXXXX purchased a continuing business that required a prepayment of sales and use tax. As the new owner, XXXXX should have been aware of the ongoing business's tax obligations.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of the penalty associated with the second quarter of XXXXX in the amount of $$$$$. The interest is not waived. It is so ordered.

DATED this 29th day of January, 1992.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco S. Blaine Willes

Commissioner Commissioner