95-0079

Personal Property

Signed 8/9/97

BEFORE THE UTAH STATE TAX COMMISSION

________________________________________

PETITIONER, :

: ORDER

Petitioner, :

: Appeal No. 95-0079

V. :

: Account No. #####

COLLECTION DIVISION OF :

THE UTAH STATE TAX COMMISSION,: Tax Type: Personal Penalty

Respondent. :

_________________________________________

The Tax Commission hereby approves settlement on the terms contained in the accompanying Stipulation between PETITIONER, Petitioner, and the Collection Division of the Utah State Tax Commission. Upon compliance with the terms of the Stipulation, the assessments will be deemed fully satisfied. The above-captioned appeal No. 95-0079 is hereby dismissed.

SO ORDERED by the Utah State Tax Commission

this 9 day of, 1997.

W. VAL OVESON RICHARD B. McKEOWN

Chairman Commissioner

JOE B. PACHECO PAM HENDRICKSON

Commissioner Commissioner

BEFORE THE UTAH STATE TAX COMMISSION

________________________________________

PETITIONER, :

: STIPULATION

Petitioner, :

: Appeal No. 95-0079

V. :

COLLECTION DIVISION OF : Account No. #####

THE UTAH STATE TAX COMMISSION,:

: Tax Type: Personal Penalty

Respondent :

_________________________________________

The parties PETITIONER ("Petitioner XXXXX") and the Collection Division of the Utah State Tax Commission, by and through their authorized representatives, hereby stipulate and agree as follows:

1. The assessment is for personal penalty taxes pursuant to Utah Code Ann. ' 59-1-302.

2. The assessment covers personal penalty assessments against the Petitioner originating in, or arising from, sales and use tax and/or withholding tax in the following corporate entities: XXXXX, XXXXX, XXXXX, XXXXX, or XXXXX for the time period from January 1, 1991 through July 31, 1993. The scope of this Stipulation is limited to only the Petitioner in his individual capacity.

3. The parties recognize the costs and risks inherent in litigation of the issues raised in the assessments.

4. Accordingly, it is the parties' mutual desire to arrive at a settlement which fully resolves this appeal in a satisfactory and economical fashion.

5. Therefore, Petitioner PETITIONER agrees to pay to the Utah State Tax Commission, Collection Division, the sum of $$$$$ in full and complete satisfaction of his personal assessment liability. This amount is to be remitted to the Commission by certified funds by Petitioner PETITIONER within five days of the execution of an Order approving this Stipulation by the Utah State Tax Commission.

6. Respondent agrees to accept the above-stated amount in complete satisfaction of Petitioner PETITIONER's Utah tax liability for the audit period and for the taxes identified. Claims against the other Petitioners XXXXX and XXXXX are hereby reserved.

7. By agreeing to this settlement, no party is conceding the merits of any position in any hearing, nor does this Stipulation stop any party from asserting positions inconsistent with this Stipulation in future litigation not involving the current audit period.

8. This agreement is subject to approval of the Utah State Tax Commission and shall become final and conclusive between the parties upon approval by the Utah State Tax Commission as evidenced by a written Order.

9. Should the Commission fail to approve this Stipulation it shall be null and void, and shall not be admissible as evidence against any party in any proceeding.

10. The parties stipulate the above-captioned appeal shall be dismissed upon the approval of this Stipulation by the Utah State Tax Commission.

11. If Petitioner PETITIONER fails to perform as stated herein, Respondent, may at its option, declare this Stipulation null and void and may proceed to collect the full amount of the tax deficiency assessed by whatever means it deems appropriate, from Petitioner PETITIONER or any other Petitioner who is found to be liable.

SO STIPULATED this 9 day of August, 1997.

STAN ALLEN

Acting Director, Collection Division

GALE FRANCIS

Assistant Attorney General

XXXXX

Attorneys for PETITIONER