BEFORE THE STATE TAX
COMMISSION OF UTAH
_____________________________________
XXXXX, )
:
Petitioner )
:
v. ) INFORMAL DECISION
:
)
AUDIT DIVISION
OF THE : Appeal No. 86 0427
STATE TAX
COMMISSION OF UTAH, )
:
Respondent. )
_____________________________________
STATEMENT OF CASE
This
matter came before the Utah State Tax Commission on XXXXX, for an Informal
Hearing. James E. Harward, Hearing
Officer, heard the matter for the Tax Commission. XXXXX and XXXXX appeared representing the Respondent. XXXXX appeared representing the Petitioner.
Petitioner
presented argument that he wished to seek an exception to Utah Code Ann. §
59-13-7(14), which provides for carry back deduction. The Petitioner requested that it be allowed to carry forward the
deduction since the statute of limitations had run on the carry back
provisions.
The
Respondent argued that there is not an option to carry forward or carry
back. The statute is specific that the
loss must first be carried back to the earliest of the three preceding years
and then to the second preceding year and then to preceding year with any
remaining loss being carried forward. Utah Code Ann. § 59-13-43(2)(b) provides
for a statute of limitations of thirty nine and one half months after the end
of the loss year in which to claim a refund.
The Petitioner has exceeded the statute of limitations, and is
therefore, not allowed to use the carry back provisions, or the carry forward
provisions to the application of 59-13-7(14).
DECISION AND ORDER
It
is the Decision and Order of the Utah State Tax Commission that the Petitioner
exceeded the statute of limitations for the carry back provisions of Section
59-13-7(14). Because of the statutory
language of the Section 59-13-7(14) the Petitioner is not allowed the option to
carry forward the loss.
The
Commission will follow the strict language of the statute and will deny the
Petitioner's request.
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