91-1919

Sales

Signed 3/11/92

 

BEFORE THE UTAH STATE TAX COMMISSION

______________________________

 

In Re: )

:

XXXXX ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

) AND FINAL DECISION

: Appeal No. 91‑1919

) 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. Representing the Petitioner was XXXXX, managing controller at XXXXX.

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 and use tax and transient room tax.

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

3. Petitioner filed and paid its third quarter XXXXX sales tax in the amount of $$$$$ nearly ten months late. A $$$$$ penalty was assessed plus interest.

4. Petitioner filed and paid its third quarter XXXXX transient room tax in the amount of $$$$$ nearly ten months late. A $$$$$ penalty was assessed plus interest.

5. Petitioner filed and paid its fourth quarter XXXXX sales tax in the amount of $$$$$ nearly seven months late. $$$$$ penalty was assessed plus interest.

6. Petitioner filed and paid its fourth quarter XXXXX transient room tax in the amount of $$$$$ nearly XXXXX months late. A $$$$$ penalty was assessed plus interest.

7. Petitioner filed and paid its first quarter XXXXX sales tax in the amount of $$$$$ nearly XXXXX months late. $$$$$ penalty was assessed plus interest.

8. Petitioner filed and paid its first quarter XXXXX transient room tax in the amount of $$$$$ nearly XXXXX months late. A $$$$$ penalty was assessed plus interest.

9. Petitioner filed and paid its second quarter XXXXX sales tax in the amount of $$$$$ nearly XXXXX days late. $$$$$ penalty was assessed plus interest.

10. Petitioner filed and paid its second quarter XXXXX transient room tax in the amount of $$$$$ nearly XXXXX days late. A $$$$$ penalty was assessed plus interest.

11. XXXXX began operating the XXXXX in XXXXX. It continued to own and operate the XXXXX throughout the period in question.

12. Then, in the first quarter of XXXXX, XXXXX entered into an agreement with XXXXX and XXXXX in which the XXXXX assumed the operational aspects of running the XXXXX. This agreement included an option to buy the XXXXX at a later date.

13. After the XXXXX exercised their option to buy the XXXXX, XXXXX learned that the XXXXX hadn't paid the sales and transient taxes for the period in question.

14. The XXXXX obtained a new sales tax number after they bought the guest home.

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 the current owners of the XXXXX, namely the XXXXX, should be notified of the taxes owing on the XXXXX. The delinquent taxes, penalty and interest have been assessed against the XXXXX and not the previous owner, XXXXX. The Commission, therefore, directs the Collection Division to seek monies owing from the current owners of the XXXXX. Once the current owners have been notified, they may initiate the appeals process. At this point in time, however, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of the penalties associated with the period in question. Interest is not waived. It is so ordered.

DATED this 11 day of March, 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

 

NOTICE: You have twenty (20) days after the date of the final order to file a request for reconsideration or thirty (30) days after the date of final order to file in Supreme Court a petition for judicial review. Utah Code Ann. '63‑46b‑13(1), 63‑46b-14(2)(a)‑

 

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