BEFORE THE STATE TAX
COMMISSION OF UTAH
_____________________________________
XXXXX, )
:
Petitioner, )
:
v. ) INFORMAL DECISION
:
)
PROPERTY TAX
DIVISION OF THE : Appeal No. 86 0300
STATE TAX
COMMISSION OF UTAH, )
:
Respondent. )
_____________________________________
STATEMENT OF CASE
On
XXXXX, Petitioner submitted a request to the Appeals Section of the Utah State
Tax Commission for a refund due to an adjustment of the XXXXX windfall profits
tax deduction. Petitioner relied upon
Utah Code Ann. § 59-5-47 in filing beyond the statutory time limit for a
redetermination of the tax due or a refund.
On XXXXX, the Utah State Tax Commission denied Petitioner's request for
the Commission to take original jurisdiction.
On
XXXXX, Petitioner submitted a second request to the Appeals Section, again relying
on Section 59-5-47. This request was
granted and a hearing was held on XXXXX, in the offices of the Utah State Tax
Commission. XXXXX, Tax Appeals
Supervisor, and David J. Angerhofer, Hearing Officer, heard the matter for the
Commission. XXXXX and XXXXX represented
the Petitioner. XXXXX and XXXXX
represented the Respondent. XXXXX
County had adequate notice of the hearing but elected not to appear. Mr. XXXXX contacted the XXXXX County
assessor, auditor, and attorney prior to the hearing but was informed that
XXXXX County would not be present.
XXXXX County did not request a continuance.
FINDINGS
This
matter involves a requested refund due to an adjustment of the windfall profits
tax deduction from the gross sales of oil and gas for XXXXX (the basis for the
XXXXX assessment). Corrections for a
prior year are made on oil and gas assessments where assessments are based on
gross sales less windfall profits tax because of the adjustments in FERC
(Federal Energy Regulation Commission) investments and pricing differentials
which occur the following year. A
correction for the gross sales for XXXXX would normally have been adjusted for
in the XXXXX assessment and refunded in XXXXX (usually the adjustments result in
Petitioner owing additional taxes to a particular county, but in this case, a
refund was due to Petitioner).
The
XXXXX in XXXXX County, Utah was unitized on XXXXX. Petitioner took a windfall profits tax deduction of $$$$$ and
later filed an adjustment in XXXXX for an additional deduction of $$$$$. This resulted in a total windfall profits
tax deduction of $$$$$, from the gross sales of oil for XXXXX. The XXXXX County levy of .05072 for XXXXX
applied to the additional deduction of $$$$$ ($$$$$ x 80%) results in a tax
refund of $$$$$. If the $$$$$ is
applied as a credit towards the taxes due for XXXXX rather than refunded
directly, then XXXXX County will not be adversely affected.
DECISION AND ORDER
The
Utah State Tax Commission hereby grants Petitioner's request for a refund due
to an adjustment of the XXXXX windfall profits tax deduction. The tax refund of $$$$$ shall be applied as
a credit on Petitioner's XXXXX tax payment to XXXXX County.
The
XXXXX County Auditor is hereby ordered to adjust its records in accordance with
this decision.
DATED
this 4 day of February, 1987.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
ABSENT
R. H. Hansen Roger
O. Tew
Chairman Commissioner
Joe B.
Pacheco G.
Blaine Davis
Commissioner Commissioner