BEFORE THE STATE TAX COMMISSION OF UTAH
Petitioners, : STIPULATION, MOTION
v. : AND ORDER
AUDITING DIVISION OF THE : Appeal No. 87-0147
STATE TAX COMMISSION OF UTAH, )
XXXXX ("XXXXX") and Respondent Auditing Division of the State Tax
Commission of Utah ("Auditing Division"), by and through their
respective counsel of record, hereby agree and stipulate as follows:
1. The parties have
agreed that as of XXXXX, the original XXXXX, Notice of Deficiency issued by the
Auditing Division against the XXXXX in the above manner shall be amended to
show a tax liability as follows:
Tax Base $$$$$
Sales or use tax rate in
effect at time of sale,
Plus penalty, 50% of
tax due $$$$$
Plus interest at 1%
per month, from XXXXX $$$$$
TOTAL DUE $$$$$
2. By entering into this stipulation as to the above tax deficiency, the parties agree that this will be the final determination and assessment against the XXXXX by the auditing division for the purchase on XXXXX, of a XXXXX; XXXXX. Further the Auditing Division agrees that it will not initiate or conduct any further criminal or fraud action, sanction or penalty against the XXXXX as it relates to the above motor vehicle transaction.
3. The parties agree that the penalty imposed in this case shall be pursuant to U.C.A.59-1-401(3)(c), for the negligent intent to evade tax by the XXXXX, the penalty of which is to be the greater of $500.00 or 50% of the tax due.
4. Upon signing of the attached Order, approving the Notice of Deficiency set forth in paragraph 1 above, the appeal of the XXXXX in the above matter shall be dismissed with prejudice and the Notice of Hearing scheduled for XXXXX, in this matter shall be stricken. Based upon the foregoing Stipulation and Agreement, the parties hereby move the Commission for entry of its Order finding that as of XXXXX, the total due on the Notice of Deficiency as against XXXXX is $$$$$ and further dismissing the above entitled appeal.
DATED this 15 day of April, 1988.
Attorney for XXXXX
BASED upon the foregoing Stipulation and Motion of the Parties, the Tax Commission hereby consents to, approves and finds that the Notice of Deficiency issued against XXXXX related to the purchase of a XXXXX, on XXXXX, is XXXXX, and further dismisses the above-entitled appeal.
DATED this 19 day of
HANSEN, Chairman ROGER
O. TEW, Commissioner
PACHECO, Commissioner G.
BLAINE DAVIS, Commissioner