86-0336 - Sales

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