91-1430 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

___________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW

XXXXX ) AND FINAL DECISION

:

: Appeal No. 91-1430

: Account No. XXXXX

______________________________

STATEMENT OF CASE

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

2. The period in question is the third quarter XXXXX through the second quarter of XXXXX.

3. Petitioner filed its third quarter XXXXX sales and use tax return and paid the tax in the amount of $$$$$ on XXXXX. A $$$$$ penalty was assessed plus interest.

4. Petitioner filed its fourth quarter XXXXX sales and use tax return and paid the tax in the amount of $$$$$ on XXXXX. A $$$$$ penalty was assessed plus interest.

5. Petitioner filed its first quarter XXXXX sales and use tax return and paid the tax in the amount of $$$$$ on XXXXX. A $$$$$ penalty was assessed plus interest.

6. Petitioner filed its second quarter XXXXX sales and use tax return on XXXXX. The tax in the amount of $$$$$ was paid on XXXXX. A $$$$$ penalty was assessed plus interest.

7. Petitioner filed its third quarter XXXXX sales and use tax return on XXXXX. The tax in the amount of $$$$$ was paid on XXXXX. A $$$$$ penalty was assessed plus interest.

8. Petitioner filed its fourth quarter XXXXX sales and use tax return on XXXXX. The tax in the amount of $$$$$ was paid on XXXXX. A $$$$$ penalty was assessed plus interest.

9. Petitioner filed its first quarter XXXXX sales and use tax return on XXXXX. The tax in the amount of $$$$$ was paid on XXXXX. A $$$$$ penalty was assessed plus interest.

10. Petitioner filed its second quarter XXXXX sales and use tax return on XXXXX. The tax in the amount of $$$$$ was paid on XXXXX. A $$$$$ penalty was assessed plus interest.

11. In XXXXX or so, Petitioner's restaurant business was doing well in XXXXX. When the XXXXX, however, Petitioner lost a great deal of business with the loss of XXXXX in the area.

12. For awhile Petitioner managed to keep up with its taxes by putting off other bills.

13. Finally, Petitioner was in such a financial fiasco that the taxes were used to pay bills.

14. During this difficult period, the owner's father XXXXX and the owner became XXXXX. After XXXXX in XXXXX, the owner, XXXXX, found enough work XXXXX to keep his restaurant going.

15. Today, the restaurant is doing very well and the owner has managed to catch up with his taxes on a payment plan with the Tax Commission.

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 ability to rebound financially after a difficult period is commendable. Payment plans are designed to help those in need of special arrangements. The penalties and interest that can accrue during slow periods, however, cannot be waived. The sales and use taxes that Petitioner used to his benefit were never the business's to begin with.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of the penalties associated with the sales and use tax for the periods in question. It is so ordered.

DATED this 13th day of February, 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