BEFORE THE STATE TAX COMMISSION OF UTAH
v. ) INFORMAL DECISION
AUDITING DIVISION OF THE ) Appeal No. 87-0417
STATE TAX COMMISSION OF UTAH, ) Acct. No. XXXXX
STATEMENT OF CASE
This matter came before the Utah State Tax Commission for an Informal Hearing on XXXXX. James E. Harward, Hearing Officer, heard the matter for the Tax Commission. XXXXX appeared representing the Petitioner. XXXXX appeared representing the Respondent.
An amended audit report was prepared and submitted by the Respondent on XXXXX. The amended audit report was for $$$$$. The Petitioner's have filed Chapter 11 Bankruptcy in XXXXX. A plan was submitted XXXXX. A hearing on that plan was held. No confirmation of the plan has been made at this point. The Petitioner claims an offset of approximately $$$$$ against the assessment for taxes paid to suppliers.
The Respondents acknowledge that the tax has been paid and agreed to the claim of the offset subject to an audit on the invoices to determine the actual tax paid. A proof of claim is to be submitted as part of the plan on difference between the audit deficiency and the credit for taxes paid.
DECISION AND ORDER
Based upon the foregoing, it is the Decision and Order of the Utah State Tax Commission that the audit deficiency of $$$$$ shall have a credit applied against it for taxes paid which shall be verified by audit of the Respondent. A proof of claim is to filed as part of the plan in Chapter 11 Bankruptcy for the difference.
DATED this 14 day of March, 1988.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis