BEFORE THE STATE TAX
COMMISSION OF UTAH
_____________________________________
XXXXX ) JOINT ORDER
:
)
Petitioner, :
) Case #
88-2835
: Account
No. XXXXX
)
V. :
)
AUDITING
DIVISION, :
STATE TAX
COMMISSION OF UTAH, ) AUDIT PERIOD: XXXXX
: through
XXXXX
Respondent, )
_____________________________________
XXXXX ) JOINT ORDER
:
Petitioner, ) Case # 86-0336
: Case # 86
2836
) Audit
Period XXXXX
: Account
No. XXXXX
V. )
:
)
AUDITING
DIVISION, :
STATE TAX
COMMISSION OF UTAH, ) AUDIT PERIOD: XXXXX
: through
XXXXX
Respondent, )
_____________________________________
ORDER
The
Tax Commission hereby approves settlement on the terms contained in the
attached Stipulation and Closing agreement between XXXXX and XXXXX (jointly
referred to as the taxpayer) and the Utah State Tax Commission. On payment of the stipulated additional tax
liability of $$$$$ plus interest at the statutory rate ($$$$$ calculated
through XXXXX with per diem interest thereafter of $$$$$) the audits for the protest
years are deemed fully satisfied and the above captioned appeals # 88-2836 and
88-2835 are dismissed.
DATED
this 7 day of November 1990 by order of the Utah State Tax Commission.
R. H. Hansen , Chairman Joe
B. Pacheco Commissioner
Roger O. Tew, Commissioner G.
Blaine Davis Commissioner
STIPULATION AND CLOSING
AGREEMENT
THIS
AGREEMENT is made pursuant to Sections 59-1-210 and 6346b-1 of the Utah Code
Ann. and Rule R861-1A-3, by and between XXXXX and XXXXX and its successors,
hereinafter referred to as "the Taxpayer", and the UTAH STATE TAX
COMMISSION, hereinafter referred to as "the Commission".
The
facts upon which this Agreement is based are as follows:
1. There has been a dispute between the
Taxpayer and the Commission with respect to the amount of income tax and
interest payable by the Taxpayer under the Corporate Tax Law for the income
years ended XXXXX through XXXXX, inclusive, hereinafter referred to as
"the protest years".
2. The parties have negotiated and agreed upon
a settlement of the tax and interest in dispute for the protest years.
3. The Taxpayer desires to effect a final and
complete settlement of its tax liability under the Utah Corporate Tax Law for
the protest years, subject to final determinations as provided for herein.
4. The Commission believes that it is in the
best interest of the State of Utah to effect a final and complete settlement of
the protest years without the necessity of further administrative proceedings
and/or litigation.
NOW
THEREFORE, the parties agree as follows:
(A)
The additional liability of the Taxpayer for the protest years, in excess of
tax and interest already paid to the Commission, is a total of $$$$$ ($$$$$) in
tax and interest of $$$$$ ($$$$$), calculated through XXXXX for a total of
$$$$$ ($$$$$). If payment made after
(or prior to) XXXXX, interest shall accrue (or shall be reduced) and be payable
upon the unpaid portion of the $$$$$, at the rate of $$$$$ per day from that
date.
(B)
By agreeing to this settlement, neither party is conceding the merits of the
other party's positions taken in the protest years, and this settlement shall
not be binding on either party for income years subsequent to the XXXXX income
year.
(C)
The Taxpayer's tax liability shall be further adjusted upward or downward by
the Commission for the protest years to conform to any final determination, as
provided under Section 597-138(3), Utah Code Ann., with respect to the
Taxpayer's United States Corporation income tax returns. Both parties agree that such final determination
shall be computed using the apportionment factor calculation per the attached
schedule as basis.
(D)
This Agreement shall become final and conclusive between the parties, except
upon a showing of fraud or malfeasance, or misrepresentation of a material
fact, upon (1) its approval by the State Tax Commission of Utah; and (2) the
Taxpayer making the payment(s) of tax and interest provided for in paragraph
(A) above.
IN
WITNESS WHEREOF, the parties have subscribed their names in this Agreement in triplicate,
and by doing so expressly represent and warrant their authority to execute this
Agreement.
Signed
this 15 day of October, 1990.
XXXXX
BY XXXXX
Division Manager
Tax Department
Signed this 15 day of
October, 1990.
XXXXX
BY XXXXX
Division Manager
Tax Department
Signed this 17 day of
October, 1990.
UTAH STATE TAX
COMMISSION
BY XXXXX