92-1887 - Sales

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

In Re: )

: FINDINGS OF FACT,

XXXXX, ) CONCLUSIONS OF LAW,

: AND FINAL DECISION

)

: Appeal No. 92-1887

)

: 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, owner. 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 second quarter of XXXXX.

3. Petitioner filed and paid its second quarter XXXXX sales and use tax return nine days late.

4. The Tax Commission assessed Petitioner a penalty and interest for the lateness.

5. Mr. XXXXX, owner of XXXXX, testified that he was aware of the filing deadline, but did not want to file until he had sufficient funds in the bank to cover the payment check.

6. Petitioner had been a subject of a sales and use tax audit for several quarters prior to the one in question. During the audit, Mr. XXXXX learned much about how to report sales and use tax. As a result of the audit, Petitioner was assessed an additional $$$$$ in sales and use taxes which Petitioner paid in XXXXX, leaving Petitioner short on funds due on the second quarter XXXXX.

7. Mr. XXXXX recalled that in earlier years the Tax Commission took longer to process quarterly returns, allowing a week or two to file and pay past a deadline before a penalty would be attached.

8. Petitioner has been in business since XXXXX and has had other late filings and payments sprinkled throughout its account history. Petitioner has paid previously assessed penalties and interest on these other quarters. Mr. XXXXX feels that the penalty in this case is excessive in that Petitioner was only nine days late.

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 not been shown which would justify a waiver of the penalties and interest associated with the sales and use tax due on the second quarter XXXXX. Petitioner was aware of the filing deadline and missed it. The fact that Petitioner had to pay additional taxes due to the audit is irrelevant. Sales and use taxes are collected on behalf of the state. If they are not used for any other purpose, there should be no problem remitting them when due. It is so ordered.

DATED this 9th day of May, 1993.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco S. Blaine Willes

Commissioner Commissioner