91-1376 - Sales

BEFORE THE UTAH STATE TAX COMMISSION

________________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 91-1376

: Account No. XXXXX

________________________________

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, Vice-President and co-owner. Present and representing the Auditing Division was XXXXX, Assistant Utah Attorney General.

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 pre-payment of sales and use tax.

2. The period in question is the year XXXXX.

3. Petitioner timely filed its prepayment of sales and use tax return on XXXXX.

4. Petitioner under reported and underpaid this prepayment amount by approximately $$$$$.

5. This deficiency was paid in full on XXXXX.

6. This was not the first time Petitioner was obligated to make a prepayment of sales and use tax.

7. During the time in question, XXXXX managed Petitioner's operations.

8. XXXXX filed for bankruptcy in XXXXX in Petitioner's XXXXX store d.b.a. "XXXXX". After this occurred, XXXXX was removed from his management position.

9. XXXXX became involved with Petitioner in XXXXX.

10. He requests a waiver of the approximately $$$$$ in penalties in that Petitioner is now under new management and does not anticipate the same problems experienced under the previous management.

11. Petitioner also states that it would not be fair to assess penalties against the current management as it was not responsible for the practices of its predecessors.

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

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of the penalties and interest associated with the prepayment of sales and use taxes due XXXXX in light of the fact that Petitioner has been obligated to make prepayments in the past and knew of the requirements. This penalty is levied against the business entity and not any one employee.

Interest is not waived. It is so ordered.

DATED this 2nd day of December, 1992.

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