92-0869 - Sales

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

In Re: )

:

XXXXX, ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

) AND FINAL DECISION

:

) Appeal No. 92-0869

: 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. Representing the Petitioner by telephone was XXXXX, tax supervisor for Petitioner.

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 prepayment of sales and use tax.

2. The period in question is XXXXX through XXXXX.

3. Petitioner filed and paid its prepayment amount with its regular second quarter sales and use tax payment on XXXXX.

4. In early summer XXXXX, Petitioner moved its entire company headquarters from XXXXX to XXXXX. In the relocation, many employees did not follow the company, requiring new hires in XXXXX.

5. Either Petitioner lost its prepayment return form reminding it of the filing and payment requirement or never received it in the move.

6. In any case, Petitioner did make payment with the second quarter filing.

7. Penalties and interest were assessed because of the missed deadline.

8. Petitioner has since set up a tax department to assure itself of timeliness in payments and returns.

9. Petitioner was late one other time in filing and paying its prepayment amount in XXXXX.

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 penalty or interest in question in that Petitioner has previously missed a prepayment. This is not a case where Petitioner had no prior knowledge of the filing requirement. It is so ordered.

DATED this 31st day of August, 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