BEFORE THE UTAH STATE TAX COMMISSION
: FINDINGS OF FACT
Petitioner, ) CONCLUSIONS OF LAW
: AND FINAL DECISION
AUDITING DIVISION OF THE ) Appeal No. 92-0004
UTAH STATE TAX COMMISSION :
) Account No. XXXXX
STATEMENT OF CASE
This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. XXXXX, Presiding Officer, heard the matter for and on behalf of the Commission. Petitioner was present and represented himself. Present and representing the Respondent 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 sales and use tax.
2. Petitioner's wife, XXXXX, purchased a 1989 Toyota pickup truck from XXXXX Toyota in Salt Lake City, Utah on XXXXX.
3. At the time of the purchase, XXXXX signed a non resident affidavit and listed a XXXXX address.
4. The XXXXX purchased the truck for their daughter who lived in XXXXX.
5. After the purchase, the truck was insured, registered and maintained in XXXXX.
6. At all times, however, the XXXXX resided in Utah. XXXXX was employed in Utah and not XXXXX as stated on the affidavit.
7. XXXXX admitted that he had read the non-resident affidavit before signing it. He realized when he signed it that some of the information he supplied was false.
8. XXXXX filled out the non-resident affidavit and signed it based upon the car salesman's representations that he was doing the correct thing and that he probably wouldn't be caught anyway.
9. Petitioner was assessed Utah sales tax on the purchase and a 15% penalty for intentional disregard of a law or rule.
CONCLUSIONS OF LAW
A resident is any person...who owns, leases, or rents a residence or a place of business within this state, or occupies or permits to be occupied a Utah residence or place of business. (Utah Admin. Rule R873-22l-M(13)).
A resident is also defined as "any person engaging in a trade, profession, or occupation or accepting gainful employment in this state". (Utah Admin. Rule R873-22l-M(14)).
DECISION AND ORDER
Petitioners, XXXXX, concede that they were Utah residents at the time of the purchase and that some of the information they provided on the non-resident affidavit was false.
They ask the Tax Commission to consider, however, that they were purchasing the truck for a XXXXX resident and felt they were justified in taking a tax exemption because of their daughter's status and the salesman's representations.
Petitioners' arguments are not persuasive in light of the fact that they read the non-resident affidavit and knew they had provided inaccurate information.
Based upon the foregoing, the Tax Commission finds that Petitioner was correctly assessed Utah sales tax on the purchase in question. The 15% penalty and interest are not waived. It is so ordered.
DATED this 20th day of August , 1992.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco S. Blaine Willes