BEFORE THE TAX COMMISSION OF
UTAH
_____________________________________
XXXXX
) ORDER
Petitioner, :
vs. ) Appeal No 89-0009
STATE TAX
COMMISSION OF UTAH, :
Respondent. )
_____________________________________
COMES
NOW the Utah State Tax Commission and adopts as its order the terms and
conditions of that certain Stipulation and Agreement re Settlement of Issues, a
copy of which is attached hereto as Exhibit A and is hereby incorporated by
reference.
DATED
this 23rd day of January, 1990
R. H.
HANSEN, Chairman JOE
B. PACHECO, Commissioner
ROGER O.
TEW, Commissioner G.
BLAINE DAVIS, Commissioner
BEFORE THE STATE TAX COMMISSION
OF UTAH
______________________________
XXXXX
Petitioner, )
STIPULATION AND AGREEMENT
: RE:
SETTLEMENT OF ISSUES
v. )
: Appeal No
89-0009
STATE TAX
COMMISSION OF UTAH, )
Respondent. :
________________________________
COMES
NOW XXXXX Company and the State Tax Commission of Utah and hereby stipulate and
agree as follows:
1. The issue involved in this proceeding is
whether or not for its taxable years XXXXX through XXXXX, inclusive, Petitioner
and its affiliated corporations were conducting an integrated unitary business
and were required to report their income by the combined reporting method for
Utah Corporation Franchise Tax purposes.
2. The proposed deficiency for the years under
audit involves an additional tax in the amount of $$$$$ together with accrued
interest
3. During the pendency of this proceeding the
State Tax Commission of Utah has presented to the Petitioner a form of Unitary
Business Concession Letter requesting that petitioner sign this letter agreeing
to the taxation of its income and that of its affiliates by the combined
reporting method for Utah Corporation Franchise Tax purposes for the years
XXXXX to XXXXX, inclusive A copy of said letter is attached hereto as Exhibit
"A," incorporated herein and by reference made a part hereof.
4, Petitioner hereby agrees that it will accept
and pay the deficiency, as assessed by Respondent, for the taxable years XXXXX
through XXXXX, inclusive.
5. State Tax Commission of Utah agrees that in
consideration of the concession by Petitioner for the earlier years, that the
execution of this Stipulation and Agreement shall have the same legal effect as
if Petitioner had executed, and the State Tax Commission had accepted, the
Unitary Business Concession Letter for the years XXXXX through XXXXX,
inclusive, and that Petitioner will utilize the unitary or combined reporting
method.
6. No Utah losses will be allowed to be carried
forward or carried back between worldwide combination years and water's edge
combination years If there is a loss under water's edge for XXXXX or XXXXX, the
loss may not be carried back to any year prior to XXXXX, but may be carried
forward.
7. It is understood and agreed that the State
Tax commission may enter a final order in this proceeding based upon this
Stipulation and Agreement.
Dated
this 16th day of January, 1990
PETITIONER : XXXXX &
XXXXX
XXXXX
Chief Tax Attorney and
Assistant
Tax Officer
RESPONDENT : STATE TAX COMMISSION OF UTAH
By: XXXXX
Director Auditing
Division
APPROVED:
XXXXX
By: XXXXX
Attorneys for Petitioner
ATTORNEY GENERAL OF UTAH
By XXXXX
Assistant Attorney General
Tax
and Business Regulation Division