CHRIS & DICK'S LUMBER v. TAX COM'N

No. 880188.

791 P.2d 511 (1990)

CHRIS & DICK'S LUMBER AND HARDWARE, a Utah corporation, Petitioner, v. TAX COMMISSION OF the STATE OF UTAH, Respondent.

Supreme Court of Utah.

April 24, 1990.


Attorney(s) appearing for the Case

R. LaMar Bishop, Salt Lake City, for petitioner.

R. Paul Van Dam, Stephen G. Schwendiman, Bryce H. Pettey, Salt Lake City, for respondent.


ZIMMERMAN, Justice:

Chris & Dick's Lumber and Hardware, Inc., seeks a writ of review of a final decision of the Utah State Tax Commission ordering Chris & Dick's to pay a 10 percent penalty, plus interest, on over $90,000 due on an untimely filed prepayment of sales tax return. Chris & Dick's claims that the penalty was improperly assessed under the terms of section 59-15-5.1 of the code or, alternatively, that the language of the statute is so vague as...

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