12 CSR 10-3.556
Interest and Discounts are Additional (Rescinded February 28, 2011)
AUTHORITY: section 144.270, RSMo 1994. S.T. regulation 250-1
was last filed Dec. 31, 1975, effective Jan. 10, 1976. Refiled March
30, 1976. Amended: Filed Aug. 13, 1980, effective Jan. 1, 1981.
Rescinded: Filed Sept. 13, 2010, effective Feb. 28, 2011.
State ex rel. St. Louis Shipbuilding and Steel Company v.
Smith, 201 SW2d 153 (1947). Respondent (state auditor) did not
have the authority to compromise a tax that had been lawfully
assessed. Under (former) section 11408 an assessment is made
every time a sale is made at retail. (However) there is nothing
in the Constitution or statutes that would prohibit respondent
(state auditor) from compromising the interest and penalties in a
disputed sales tax liability. The fact that it later may be found that
no tax was due does not disturb the compromise.