93-1616

Penalty & Interest

Signed 7/26/94

 

 

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

XXXXX, )

Petitioner, :

: ORDER

v. :

:

COLLECTION DIVISION OF THE : Appeal No. 93-1616

UTAH STATE TAX COMMISSION, :

Respondent. : Account No. XXXXX

: Tax Type: Penalty & Interest

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a Settlement Conference on XXXXX. G. Blaine Davis, Administrative Law Judge, heard the matter for and on behalf of the Commission. Present at the conference to represent the Respondent was XXXXX. The Petitioner failed to appear and failed to contact the Administrative Law Judge by telephone.

However, the following date, XXXXX, the Petitioner called the Administrative Law Judge and indicated that he had been home ill on the prior day and so the settlement conference was held by way of telephone at that time, but without the presence of anyone representing Respondent.

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 tax.

2. The period in question is fourth quarter XXXXX.

3. The Petitioner timely filed his fourth quarter XXXXX sales tax return and timely paid the amount of tax due there on. However, the check which was used to make payment for said amount was returned by the bank.

4. Petitioner is not sure whether the amount may have been paid at a later date and has asked the Commission for the returned check, but such check has not yet been provided to him.

5. Petitioner was also upset that it took so long for him to be notified of the returned check.

6. Petitioner is also upset because he claims that he wrote "final return" on the return when he went out of business, but the Commission continued to make assessments for later periods, which caused him substantial credit problems, and Petitioner believes that such credit problems have caused him harm. Petitioner therefore feels that the Commission should offset the interest for the additional time period because of the harm caused by the additional assessments.

APPLICABLE 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 or reduction of the penalty or interest associated with the sales tax return for the fourth quarter of XXXXX.

This decision does not limit a party's right to a formal hearing. However, this Decision and Order will become the Final Decision and Order of the Commission unless any party to this case files a written request within thirty (30) days of the date of this decision to proceed to a Formal Hearing. Such a request shall be mailed to the address listed below and must include the Petitioner's name, address, and appeal number:

Utah State Tax Commission

Appeals Division

210 North 1950 West

Salt Lake City, Utah 84134

Failure to request a Formal Hearing will preclude any further administrative action or appeal rights in this matter.

DATED this 26th day of July, 1994.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

W. Val Oveson Roger O. Tew

Chairman Commissioner

Joe B. Pacheco Alice Shearer

Commissioner Commissioner

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