BEFORE THE UTAH STATE TAX COMMISSION
: STIPULATION AND ORDER
AUDITING DIVISION OF THE UTAH : Tax Commission
STATE TAX COMMISSION, : Appeal No. 87-1034
: Account No. XXXXX
COMES NOW the parties to the above entitled action, by and through their attorneys of record, hereby Stipulate and agree as follows:
1. Petitioner, XXXXX, a/k/a XXXXX, and Respondent, the Auditing Division of the Utah State Tax Commission, are parties to the above entitled administrative adjudication wherein Petitioner is seeking from the Utah State Tax Commission a refund of a portion of the sales and use taxes paid by the Petitioner to the State of Utah and appropriate local governments and entities during the period of XXXXX, in the total principal sum of $$$$$, plus interest.
2. The parties desire to settle this proceeding without litigation and adjudication respecting this refund claim.
3. Petitioner and Respondent hereby agree that the Utah State Tax Commission will pay to Petitioner a refund of sales and use taxes paid by Petitioner to the Utah State Tax Commission, for the period commencing XXXXX, in the total principal sum of $$$$$. In addition to this principal sum, the Auditing Division agrees to pay interest on said sum in the total amount of $$$$$ for a total payment by the Respondent to the Petitioner in the sum of $$$$$.
4. Petitioner agrees to dismiss, with prejudice, all claims that it now has, or may have, for a refund of sales and use taxes as set out and specified in its request for formal hearing dated XXXXX. Petitioner agrees that it will be owed no additional refund of sales and use taxes paid to the State of Utah or any appropriate local government unit or entity for the period commencing XXXXX.
5. Petitioner agrees that upon receipt of the sum of $$$$$ from the Utah State Tax Commission, Petitioner will withdraw its refund claims, and move for dismissal, with prejudice in the above entitled action.
6. The parties further acknowledge that this Stipulation is subject to approval by Utah State Tax Commission.
7. The parties further move the Utah State Tax Commission enter its order incorporating the terms and conditions of this Stipulation as its Order.
DATED this 22 day of January, 1990.
Attorney for Petitioner
Assistant Attorney General
Attorney for Respondent
The terms of the foregoing Stipulation are hereby approved and adopted as the Order of the Utah State Tax Commission.
DATED this 26 day of January, 1990.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis