93-0770

Corporation Franchise

Signed 9/9/93

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

In Re: )

: INFORMAL DECISION

XXXXX, )

:

) Appeal No. 93-0770

: Account No. XXXXX

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for an informal hearing on XXXXX. Paul F. Iwasaki, Presiding Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner was XXXXX.

FINDINGS

1. XXXXX was incorporated in XXXXX for the purpose of doing experimental farming in XXXXX. Because the technology necessary to engage in the farming was never made available, no farming took place and no business was ever conducted by XXXXX.

2. The Petitioner's representative was unaware of the minimum corporate franchise tax requirement. Furthermore, he had instructed his employees to dissolve the corporation and was unaware that such had not been done.

3. As a result of the failure to file and pay corporate franchise tax returns for the periods XXXXX through XXXXX and XXXXX through XXXXX, $$$$$ penalties for each of the periods in question plus interest was imposed.

DECISION AND ORDER

Based upon the foregoing, the Tax Commission finds that sufficient cause exists to waive the penalties and interest associated with the above-stated periods. It is so ordered.

DATED this 9th day of September, 1993.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

W. Val Oveson Roger O. Tew

Chairman Commissioner

Joe B. Pacheco Alice Shearer

Commissioner Commissioner

NOTICE: You have twenty (20) days after the date of the final order to file a request for reconsideration or thirty (30) days after the date of the final order to file in District Court a petition for judicial review. Utah State Tax Commission Administrative Rule R861-5A-1(p) and Utah Code Ann. '63-46b-14(3)(a).

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