92-1330 - Sales

BEFORE THE UTAH STATE TAX COMMISSION

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In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW, XXXXX, ) AND FINAL DECISION

)

:

) Appeal No. 92-1330

: 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. Lisa L. Olpin, Presiding Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner were certified public accountant XXXXX and XXXXX.

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 the fourth quarter of XXXXX and the first quarter of XXXXX.

3. Petitioner filed and paid late on both quarters.

4. Petitioner owns a XXXXX.

5. In 1988, Petitioner opened a second XXXXX at a new location in XXXXX. XXXXX, who managed the first XXXXX, permitted a relative to manage this store.

6. New at managing a XXXXX, the second location's manager overstocked inventory, causing a cash flow shortage.

7. Compounding the problem was the fact that the new store was not as successful as Petitioner had anticipated.

8. Then in XXXXX, Petitioner lost its in-house accountant who handled all of the financial obligations and tax filings.

9. She returned in May of XXXXX and helped clear up any remaining tax deficiencies.

10. Prior to these two periods in question, Petitioner always filed and paid timely.

11. Petitioner contends that the penalties assessed on each of the quarters are excessive, i.e., two 10% penalties for late filing and two 10% penalties for late payment.

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

Petitioner's tax history indicates that Petitioner was aware of the sales and use tax filing and remittance requirements when it missed the quarter filing deadlines. The omission occurred in the midst of change, both in the accounting staff and in the arrival of a new manager to the second location.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of the penalties and interest assessed on the quarters in question in that Petitioner's failure to monitor itself during a stressful period caused it to miss deadlines. 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