BEFORE THE UTAH STATE TAX COMMISSION
IN RE: )
XXXXX, ) ORDER
: Appeal No. 91-1342
: Account No. XXXXX
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.
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. To clarify the parameters of this appeal, Petitioner previously appealed penalties and interest assessed on returns filed between the fourth quarter of XXXXX and the fourth quarter of XXXXX. A final decision was rendered on that first appeal.
3. In that decision, a portion of the penalties were waived for a variety of reasons; however, most significant was the fact that the audit results were confusing. XXXXX mistakenly understood that a credit was forthcoming and delayed filing subsequent returns.
4. Petitioner is now contesting the penalty and interest assessed on an audit that covered XXXXX through XXXXX. While these two appeals encompass identical quarters, they cover two different assessments, specifically, the first for late filings and the present for audit deficiencies.
DECISION AND ORDER
The penalty and interest assessments are not waived in this case as Petitioner did not adequately maintain proper accounting procedures to assure that sales and use tax was remitted to the state. No mistake of law or fact or discovery of new evidence has been shown.
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 30 day of June, 1992.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco S. Blaine Willes