BEFORE THE UTAH STATE TAX COMMISSION
) STIPULATION AND ORDER
Auditing Division, ) Appeal No. 86-0371
UTAH STATE TAX COMMISSION, : Audit Period: XXXXX
) through XXXXX
The Petitioner, XXXXX, and the Respondent, the Auditing Division of the Utah State Tax Commission, by and through their respective counsel, hereby stipulate and agree as follows with respect to the issues involved in the audit report issued by the Division pertaining to the sales and use tax claimed by the Division to be owed by Petitioner in connection with Petitioner's purchase of a XXXXX aircraft and its trade-in of a XXXXX aircraft:
1. Petitioner will pay Respondent $$$$$ ($$$$$) in full settlement of Petitioner's sales and use tax assessment for the audit period XXXXX through XXXXX, involved in Appeal No. 86-0371. The $$$$$ ($$$$$) represents tax and interest liability for sales and use tax which relate to the purchase by Petitioner of a XXXXX Jet aircraft and its trade in of a XXXXX Air aircraft.
2. Petitioner and Respondent agree that said
$$$$$ ($$$$$) shall be paid as follows:
(A) $$$$$ ($$$$$) upon
the execution of this agreement.
(B) The balance of $$$$$ ($$$$$), together with interest thereon at 12% per annum, in six equal installments of $$$$$ ($$$$$), said installments due on XXXXX, XXXXX, XXXXX, XXXXX, XXXXX and the final payment XXXXX.
3. Petitioner and Respondent agree that this settlement is strictly confidential.
4. Petitioner and Respondent further agree that neither Petitioner nor Respondent may use this settlement in evidence in any legal proceedings.
5. Petitioner and Respondent further agree that should Petitioner fail to make any of the above-referenced payments, that the entire amount then due to Respondent under this agreement shall become immediately due and payable and that Respondent may proceed to collect said full amount without further notice to Petitioner.
6. Petitioner and Respondent further agree that the above-referenced appeal pending before the Utah State Tax Commission shall be dismissed with prejudice.
DATED this 20 day of October, 1988.
Assistant Attorney General
Attorney for Petitioner
The Tax Commission hereby approves the settlement terms contained in the attached and foregoing stipulation. All claims regarding sales and use tax deficiency for the period XXXXX through XXXXX shall be dismissed with prejudice, upon payment by Petitioner to Respondent of $$$$$ ($$$$$), plus appropriate interest on the installment payments, in the manner set forth in the foregoing stipulation.
DATED this 21 day of October, 1988.
R. H. Hansen, Chairman ROGER O. TEW, Commissioner
JOE B. PACHECO, Commissioner G.
BLAINE DAVIS Commissioner