93-2309

Sales

Signed 4/6/94

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

In Re: )

: INFORMAL DECISION

XXXXX, )

: Appeal No. 93-2309

)

: Account No. XXXXX

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission pursuant to the Administrative Procedures Act and the rules of the Utah State Tax Commission for informal proceedings. As provided for by Utah Code Ann. '63-46b-5, this decision is based upon information contained in the Tax Commission's file.

FINDINGS

1. This appeal covers sales tax for the period XXXXX to XXXXX.

2. The sales tax owing for the period at issue was $$$$$.

3. Due to a bank error, the Petitioner's checking account lacked the funds necessary to cover the payment.

4. The tax was subsequently paid on XXXXX.

5. Penalty of $$$$$ and interest of $$$$$ were assessed.

6. Due to the banks error in the matter, the Commission has waived the penalty, the only issue remaining is the interest which now approximates $$$$$.

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

While the Tax Commission has previously found that the bank error establishes sufficient cause to justify a waiver of the penalty associated with the tax for the period in question, the Tax Commission hereby finds the circumstances insufficient to create reasonable cause to waive the interest incurred. Accordingly, interest is not waived. It is so ordered.

DATED this 6th day of April, 1994.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

W. Val Oveson Roger O. Tew

Chairman Commissioner

Joe B. Pacheco Alice Shearer

Commissioner Commissioner

NOTICE: You have twenty (20) days after the date of the final order to file a request for reconsideration or thirty (30) days after the date of the final order to file in District Court a petition for judicial review. Utah State Tax Commission Administrative Rule R861-5A-1(p) and Utah Code Ann. '63-46b-14(3)(a).

^^