94-0623

Sales

Signed 4/5/94

 

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

XXXXX, )

:

Petitioner, : ORDER

:

v. : Appeal No. 94-0623

:

AUDITING DIVISION OF THE : Account No. XXXXX

UTAH STATE TAX COMMISSION, :

:

Respondent. : Tax Type: Sales

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a Settlement Conference pursuant to the provisions of Utah Code Ann. 59-1-502.5, on XXXXX. Gail Reich, Administrative Law Judge, heard the matter for and on behalf of the Commission. Present by telephone and representing Petitioner was XXXXX. Present and representing Respondent was XXXXX, of the Attorney General's Office, together with XXXXX.

The appeal results from a sales and use tax audit covering the periods of XXXXX. The Petitioner has paid the tax and interest and is appealing the negligence and prepayment penalties imposed as a result of the audit. Petitioner is requesting the penalties which total approximately $$$$$ be waived because they are harsh and without merit.

The Auditing Division explained at the hearing that the penalties were imposed as a result of errors which were not only identified in the audit but the same errors had been identified in an earlier audit of the Petitioner. The explanation for the penalties was that the errors discovered in the audit constituted a significant portion of the Petitioner's overall tax liability, i.e. approximately XXXXX of the total tax liability of the Petitioner.

DECISION AND ORDER

Based upon the information presented at the conference, and the records of the Tax Commission, the Commission finds sufficient cause has not been shown to reduce or waive the penalties assessed for the period from 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 5th day of August, 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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