92-2148 - Sales

BEFORE THE UTAH STATE TAX COMMISSION

________________________________

In Re: )

:

XXXXX & XXXXX, ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

) AND FINAL DECISION

:

) Appeal No. 92-2148

: 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, president of 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 first quarter of XXXXX.

3. According to Tax Commission records, Petitioner's first quarter XXXXX sales and use tax and resort tax returns with corresponding payments were received on XXXXX. The Commission assessed Petitioner's sales and use tax account a ten percent penalty for late filing and another $$$$$ penalty for late payment.

4. The Commission also assessed Petitioner's resort tax account two ten percent late penalties for the late filing and late payment.

5. Petitioner is requesting a waiver of these penalties and interest amounts.

6. Mr. XXXXX, president of XXXXX, stated that he sent in the returns with payment on time.

7. He was unaware that these returns and payments were not timely received at the Tax Commission until the Commission notified him.

8. Then, he found in his record keeping that the two checks he had sent in had not yet cleared Petitioner's account.

9. Petitioner's accountant reconciles its books every four or five months and had not yet done so when this incident occurred.

10. Mr. XXXXX submitted a copy of his ledger showing the XXXXX dates of entry of these two checks.

11. Mr. XXXXX then stopped payment on the two missing checks and issued two new ones which the Commission received in June XXXXX along with duplicate copies of the missing returns.

12. Mr. XXXXX has no idea why the Commission did not receive these returns and checks on time. He theorizes that the XXXXX City Post Office may have contributed to the delay as Petitioner has had problems sending and receiving mail in the past.

13. The postal problems have caused Petitioner so much trouble that now they send all returns and payments to the Commission by certified mail.

14. It is curious to note that the Commission received Petitioner's returns and payments in an envelope postmarked June XXXXX out of XXXXX City.

15. Petitioner has an unblemished record in filing and paying its taxes on time.

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 waiver of the penalties associated with the sales and use tax and resort tax due on the first quarter of XXXXX. The interest is not waived. It is so ordered.

DATED this 22nd day of June, 1993.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

ABSENT

Joe B. Pacheco S. Blaine Willes

Commissioner Commissioner