BEFORE THE UTAH STATE TAX COMMISSION
In Re: )
XXXXX, ) FINDINGS OF FACT,
: CONCLUSIONS OF LAW,
) AND FINAL DECISION
) Appeal No. 92-1503
: 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 were XXXXX, Petitioner's accountant and XXXXX, vice president.
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 January XXXXX through June XXXXX.
3. During the time in question, Petitioner employed XXXXX, a brother of one of the owners, as general manager for the corporation's business.
4. Unbeknownst to the owners, XXXXX had a drug addiction to painkillers that physicians had prescribed for him for an earlier back injury.
5. XXXXX's addiction escalated during the time in question.
6. The owners became aware of delinquent tax notices and questioned XXXXX about the situation.
7. XXXXX explained that the sales and use taxes were remitted to the state and that the state must have misapplied the payments. (These returns had been prepared by an accountant for XXXXX to send to the state with payments.)
8. He told the owners he was looking into the confusion.
9. Finally, XXXXX was arrested on drug charges. He later completed a 30-day in-patient drug rehabilitation program.
10. Petitioner was assessed 20% late filing and late payment penalties on all quarters involved as a result of XXXXX's failure to handle the sales and use taxes property.
11. Petitioner has since paid approximately $$$$$ in back taxes.
12. The Internal Revenue Service waived the penalties and interest for the same period in question.
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 penalties assessed on sales and use taxes due for the period in question to 10%. This reduced penalty remains because the owners should have more closely supervised the actions of their general manager when they learned of the delinquent tax notices. This tax delinquency existed for two and a half years. Interest is not waived. It is so ordered.
DATED this 2nd day of December, 1992.
BY ORDER OF THE UTAH STATE TAX COMMISSION
R. H. Hansen Roger O. Tew
Joe B. Pacheco S. Blaine Willes