92-1273 - Sales and Use

 

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

In Re: )

:

XXXXX ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

: AND FINAL DECISION

:

: Appeal No. 92-1273

: Account No. XXXXX

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. Lisa L. Olpin, Presiding Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner was XXXXX, Petitioner's secretary.

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 periods in question are all quarters from the fourth quarter of XXXXX through the third quarter of XXXXX.

3. Petitioner filed all of the sales and use tax returns in question in XXXXX, months and, sometimes, years after the due dates.

4. Likewise, the payments due on the quarters in question were all paid late.

5. Petitioner was assessed a ten percent penalty for each late filing and an additional ten percent penalty for each late payment.

6. Petitioner's owner, XXXXX, began the business in XXXXX and was the sole employee during the period in question.

7. As such, XXXXX spent all of his efforts making his business a success.

8. In late XXXXX, XXXXX hired XXXXX to handle the office matters.

9. Soon after XXXXX started, she saw the letters that the Tax Commission had sent concerning unpaid taxes.

10. XXXXX also saw that XXXXX had been allowing mail to pile up in his office, some of it never opened.

11. XXXXX contacted the Tax Commission to remedy the situation. As a result of her efforts, Petitioner filed the outstanding returns and paid all of the back taxes within a month or two.

12. According to XXXXX, the penalties and interest assessed against Petitioner weigh heavily against Petitioner's chances for future success.

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

Of particular interest in this case is the fact that the owner chose not to deal with his tax obligations until a point in time when he realized the effect therefrom could be devastating. Choosing not to act may not have been intentional, but nevertheless, the inaction has proven costly.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of the penalties or interest associated with the sales and use taxes due on the quarters in question. It is so ordered.

DATED this 2nd day of October, 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