BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
XXXXX ) MOTION DISMISSING AND
Petitioner, : TERMINATING ADMINISTRATIVE
v. : APPEAL, AND ORDER
AUDITING
DIVISION OF THE :
STATE TAX
COMMISSION OF UTAH, ) Appeal No. 87-1839
Respondent. :
_____________________________________
COMES
NOW the Auditing Division of the State Tax Commission of Utah ("Auditing
Division:), by and through its respective counsel of record, and moves the
Commission to dismiss and terminate the above administrative appeal. This
motion is based on the following grounds:
1.
Auditing Division issued statutory Notice of Deficiency against Petitioner on
XXXXX.
2.
Petitioner filed its Petition for Redetermination on XXXXX.
3.
Auditing Division answered the Petition for Redetermination on XXXXX.
4.
Petitioner filed a Chapter 11 Bankruptcy petition with the
United States Bankruptcy Court for the
District of Utah on XXXXX.
5.
Petitioner's Chapter 11 Petition was converted to a Chapter 7 under the United
States Bankruptcy Code on XXXXX.
6.
Auditing Division is under information and belief that Petitioner's
Chapter proceeding will be closed as a
no asset case and that Petitioner has no intent to further prosecute its
appeal.
Based
upon the foregoing, the Auditing Division hereby moves the Commission for entry
of an Order terminating and dismissing the above entitled appeal.
DATED
this 30 day of October, 1990.
XXXXX
Assistant
Attorney General
ORDER
BASED
upon the foregoing Motion of the Auditing Division, the Tax Commission of the
State of Utah hereby terminates and dismisses the above entitled appeal.
Dated
this 5 day of February, 1991.
R. H. HANSEN, Chairman ROGER
O. TEW, Commissioner
JOE B. PACHECO, Commissioner G. BLAINE DAVIS,
Commissioner
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