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Show Landmark Case Couple Convicted. For Evasion of Sales Tax With some $100 million in sales taxes uncollected, Monday's verdict in Panguitch's Sixth District Court was a landmark. II is the first time in the history of the state of Utah that a conviction has been obtained on criminal charges brought against a business owner who has failed to pay sales taxes as required by state law. Mr and Mrs. Donald Griffin, Escalante, were convicted by the jury after an all-day trial in which the state pleaded its case against the Griffins through Garfield County Attorney, Patrick Nolan. Representing the Utah State Tax Commission were Neil Jackson of the. commission's legal section and Ken LeFevre, collection agent. The Griffins were convicted of having failed to pay sales taxes totaling $36,000 over a period of five years. They had filed quarterly reports with the commission as required by law but had never accompanied the reports with payments. County Attorney Nolan said that the state had tried every civil means to try to collect the funds before resorting to the criminal charge. The Griffins were prosecuted under Section 59-15-5 of the Utah Sales Tax Code. The Utah Legislature stiffened the penalties for violation of the law approximately 18 months ago, said Nolan, and, under the law, maximum penalty is one year in jail and ' or a fine of $10,000. Judge Don V. Tibbs set sentencing for January 3, 1985. The Griffins, who were represented by attorney Michael Labrum, Richfield, will have 30 days from the date of sentencing to appeal the jury's decision. Reached at home, Mrs. Griffin said that they "had gotten behind and couldn't get caught up." She said they acknowledged that the money was owed and had tried for the past six months to sell their home to pay the debt. She said they sold their business in April, but they realized no profit from the sale that would permit payment of the taxes owed. She said they had hoped to be able to sell their home before the trial started but property in Escalante simply wasn't selling. She said that other personal emotional problems contributed to their dilemma. |