89-0067 - Sales

BEFORE THE UTAH STATE TAX COMMISSION

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In Re: )

XXXXX and :

XXXXX )

XXXXX :

) DECLARATORY JUDGEMENT

:

) Appeal No. 89-0067

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STATEMENT OF CASE

This matter comes before the Utah State Tax Commission pursuant to a request for declaratory judgment by XXXXX to determine if the purchase price of a XXXXX of $$$$$ is exempt from taxation pursuant to Rule A12-02-S85.

Utah Code Ann. 59-12-104 allows an exemption from sales and use tax for sales or leases "of machinery and equipment purchased by manufacturer for use in new or expanding operations . . . . in any manufacturing facility in Utah." Rule S85 defines the appropriate terms for the application of that exemption. The Auditing Division of the Utah State Tax Commission has examined the machine. The recommendation of XXXXX, the examining officer, was that the piece of equipment fits within the exemption as set forth in Utah Code Ann. 59-12-104(16) and Rule A12-02-S85.

DECISION AND ORDER

After reviewing the recommendation of all parties, the Statute and the Rule, the Tax Commission grants the request of the Petitioner and finds that the purchase of the XXXXX and XXXXX Machine for $$$$$ is exempt from taxation under 59-12-104(16) and Rule A12-02-S85.

DATED this 14th day of March, 1989

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner