87-2411 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX                                                                                  )           STIPULATION OF SETTLEMENT

            Petitioner,                                                         :           AND ORDER

v.                                                                                 :           Case No. 87-2411

AUDITING DIVISION, STATE                                 :           AUDIT PERIOD: XXXXX

TAX COMMISSION OF UTAH,                               )

            Respondent.                                                     :

_____________________________________

            The Petitioner, XXXXX (XXXXX), and the Respondent, Auditing Division of the Utah State Tax Commission (Auditing Division), by and through their respective counsel hereby stipulate and agree as follows with respect to the issues involved in the audit report issued by the Division:

            1. Petitioner and Respondent agree that the net tax deficiency for the period XXXXX shall be $$$$$, together with accrued interest thereon as per statute.

            2. Petitioner and Respondent agree that the penalties set forth in the audit shall be waived, and that no penalties shall be assessed for the audit period XXXXX.

            3. Respondent further agrees to issue an amended audit setting forth the net tax deficiency and interest all together with the waiver of penalty as indicated in paragraphs 1 and 2 above.

            4. Petitioner further agrees to undertake the, necessary modifications in its accounting procedures to encourage prospective compliance in those areas which were found deficient in the audit, and further, agrees to remit sales tax on its taxable if purchases of thinners and reducers from the date of the audit period prospectively to reflect such purchases such as items consumed in the manufacturing process.

            5. This settlement agreement is strictly confidential.  Petitioner and Respondent further agree that neither party may use the stipulation as evidence in any legal proceeding.

            6. The Respondent recommends acceptance of Petitioners settlement offer and request approval of the offer by the Utah State Tax Commission.

            DATED this 1 day of May, 1989.

XXXXX

Assistant Attorney General

Attorney for Auditing Division

XXXXX

Attorney for XXXXX

ORDER

            The Tax Commission hereby approves the settlement terms contained in the attached stipulation.  All claims regarding sales deficiency for the period XXXXX shall be dismissed with prejudice, upon payment by Petitioner to Auditing Division of $$$$$, together with accrued interest there gone as per the statute.

            DATED this 20 day of June, 1990.

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

Joe B. Pacheco                                                            G. Blaine Davis

Commissioner                                                               Commissioner

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