87-0213 - Sales

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

Petitioner, ) STIPULATION AND

vs. ) RECOMMENDATION

AUDITING DIVISION, )

STATE TAX Commission ) Case No. 87-0213

Respondent. )

_____________________________________

The parties herein jointly stipulate and recommend that the Utah State Tax Commission accept the terms of settlement as herein set forth and enter its Order based thereon:

1. The Respondent mailed its Statutory Notice of Deficiency ("Audit") to the Petitioner on XXXXX. The Audit period involved is from XXXXX, including XXXXX.

2. The tax as calculated by the Respondent in the Audit is $$$$$. A one hundred per cent (100%) fraud penalty was imposed in the Audit, pursuant to Utah Code Ann. 59-15-8, which provides in pertinent part that

if any part of the deficiency is due to fraud with the intent to evade, there shall be added the greater of $100 or one hundred percent of the total amount of the deficiency and interest . . . .

The total tax and penalty as calculated in the Audit is $$$$$.

3. The interest as calculated in the Audit was $$$$$ as of XXXXX.

4. Total tax, penalty and interest as calculated in the Audit to XXXXX is $$$$$.

5. The Petitioner filed a Petition for Redetermination of the Audit on XXXXX.

6. The Respondent filed an Answer to the Petition for Redetermination on XXXXX.

7. The principle issue in the Audit is whether Respondent's sales of boats and accessories were exempt sales in interstate commerce within the meaning of Tax Commission Regulations A12-02-S44 and S51.

8. The parties agree that the Petitioner's sales as listed in the Audit, with the exception of certain subsequent adjustments as hereinafter described, are not exempt sales made in interstate commerce and are subject to the Utah Sales Tax.

9. The parties agree that much of the evidence furnished to the Respondent during the course of the Audit to verify exempt sales was in fact fabricated by someone other than the Petitioner's customers.

10. The parties agree that the Petitioner will henceforth collect sales tax on personal property sold to its customers unless a valid out-of-state delivery certificate and/or resale exemption certificate is obtained by the Petitioner or the sale is otherwise exempted under applicable law.

11. The parties agree that certain sales made taxable in the original Audit are in fact exempt sales and thus should be removed from the Audit. These sales are listed in the letter dated XXXXX from XXXXX to XXXXX and XXXXX, which letter is incorporated herein by reference and made a part hereof.

12. By the terms of the aforesaid letter, and the adjustment to the original Audit, the parties agree that the original Audit should be adjusted so that the total tax, penalty and interest calculated to XXXXX is $$$$$. This figure includes $$$$$ in tax, $$$$$ as fraud penalty and $$$$$ in interest calculated to XXXXX.

14. The parties agree that in compromise and settlement of the above-captioned matter, that they jointly recommend that any and all interest be waived by the Utah State Tax Commission provided that the Petitioner pays the $$$$$ to the Utah State Tax Commission by XXXXX.

15. The Petitioner agrees that it will pay $$$$$ to the Utah State Tax Commission in tax and penalty and interest by XXXXX provided that the Utah State Tax Commission approves this Stipulation and enters and appropriate Order thereon.

16. The Respondent agrees that in the event the Utah State Tax Commission approves this Stipulation and Recommendation that it (the Respondent) will not audit the years prior to XXXXX.

RESPECTFULLY SUBMITTED and dated this 28 day of September, 1987

XXXXX XXXXX

Attorney for Respondent Attorney for Petitioner

ORDER

Being fully advised in the premises, the Tax Commission hereby incorporates and adopts as its order the terms of the foregoing Stipulation and Recommendation.

DATED THIS 2nd day of October, 1987.

R. H. Hansen, Chairman

ABSENT

Roger O. Tew, Commissioner

Joe B. Pacheco, Commissioner

G. Blaine Davis, Commissioner

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