92-1501 - Sales

BEFORE THE UTAH STATE TAX COMMISSION

_______________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

) Appeal No. 92-1501

: Account No. XXXXX

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STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing by telephone on XXXXX. Lisa L. Olpin, Presiding Officer, heard the matter for and on behalf of the Commission. Representing the Petitioner was 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 period in question is the third quarter of XXXXX.

3. Petitioner filed its third quarter XXXXX sales and use tax return on time. A check in the proper amount was also submitted with the return.

4. This check subsequently failed to clear Petitioner's bank.

5. The bank notified Petitioner as soon as it was rejected.

6. Petitioner's employee, XXXXX, immediately called the Tax Commission to remedy the problem.

7. Ms. XXXXX received a telephone recording at the Tax Commission that instructed her to wait ninety days before inquiring about the quarter in question so that the computer could update.

8. At the end of the waiting period, Petitioner received a letter from the Tax Commission assessing a ten percent penalty for late payment plus interest.

9. Petitioner requests a waiver of the penalty assessments because 1) it tried to renegotiate the bounced check well within the ninety days; and 2) Petitioner's bank failed to contact Petitioner about the lack of funds so that Petitioner could authorize the bank to transfer money from Petitioner's other account into the deficient account. (The bank routinely called Petitioner whenever the account was deficient so that Petitioner could authorize a transfer of funds.)

10. Petitioner's bank stated that Petitioner did have ample funds in its other account.

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 reduction of the penalty assessed for the period in question to $$$$$. Interest is not waived. IT IS SO ORDERED.

DATED this 12th day of November, 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