92-1872 - Sales

BEFORE THE UTAH STATE TAX COMMISSION

______________________________

In Re: )

:

XXXXX, ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

) AND FINAL DECISION

:

) Appeal No. 92-1872

: 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 was XXXXX, a partner in XXXXX 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 fourth quarter XXXXX through third quarter XXXXX.

3. Mr. and Mrs. XXXXX started an XXXXX business in XXXXX.

4. Mrs. XXXXX, the XXXXX, maintained the business while her husband was not involved.

5. In XXXXX, Mr. XXXXX was injured at work and has not been able to work since.

6. In XXXXX, Petitioner went out of business, even after Mrs. XXXXX had taken on a second job to keep the XXXXX store going.

7. In XXXXX, Mr. XXXXX received a phone call from the Tax Commission regarding past due sales and use tax returns and payments due on the business.

8. This was the first notice Mr. XXXXX received of a tax deficiency with the state.

9. Mr. XXXXX has tried to discuss the matter with his wife without success.

10. He has concluded that Mrs. XXXXX used the tax money to keep the business going.

11. Mr. XXXXX immediately worked out an arrangement to pay the sales and use tax owed to the state.

12. He is requesting a waiver of the penalties and interest in that he and his wife are on a very limited income. Mr. XXXXX receives long-term disability income for his injury.

13. Petitioner still owes over $$$$$ to one supplier.

14. Mr. XXXXX feels that he and his wife had worked steadfastly to pay the tax debts, foregoing other needs.

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

Sales and use taxes are monies due to the state.

Regardless of the financial pressures of business, the sales and use taxes are not to become a source of funding for the business.

In this case, it is obvious that the XXXXX did not communicate as two business partners should.

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 assessment associated with the fourth quarter XXXXX through third quarter XXXXX. It is so ordered.

DATED this 12th day of March, 1993.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger Tew

Chairman Commissioner

Joe B. Pacheco S. Blaine Willes

Commissioner Commissioner