92-0877 - Sales

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

In Re: )

:

XXXXX, ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

) AND FINAL DECISION

:

) Appeal No. 92-0877

: Account No. XXXXX

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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, corporate controller.

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, specifically the annual prepayment due XXXXX.

2. Petitioner, an XXXXX company, filed and paid its prepayment along with its regular second quarter payment on XXXXX.

3. Petitioner stated it did not receive its prepayment return, reminding them to file the prepayment. Petitioner relies on the return to help them pay the prepayment on time since it is an unusual filing peculiar to Utah only.

4. Petitioner stated it realized its omission in XXXXX and paid the tax forthwith. The Tax Commission demanded penalty and interest in its letter to Petitioner dated XXXXX.

5. Petitioner maintains it owes 30 days of interest only, calculated from the due date of XXXXX 15th to the check date of XXXXX 15th. According to Tax Commission records, however, Petitioner's check was not received until XXXXX. Petitioner has timely paid its sales and use taxes in the past.

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 been shown which would justify a waiver of the penalty associated with the prepayment of sales and use tax due on XXXXX. Interest is not waived. It is so ordered.

DATED this 1st day of July, 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