96-0839
INCOME
SIGNED 4/17/97
BEFORE THE UTAH
STATE TAX COMMISSION
:
PETITIONER,
: ORDER
Petitioner,
:
vs.
:
COMPLIANCE AUDITING
UNIT, No. 96‑0839
COLLECTION DIVISION
OF THE UTAH :
STATE TAX
COMMISSION, Period: 1993
and 1994
Respondent. :
The Commission has
reviewed the Collection Division's Motion to Dismiss the Petition. The grounds
for the Division's motion is Petitioner's failure to comply with the
Commission's Order on motion to compel. Respondent had served Petitioner with
discovery requests, as provided for by Order, and Petitioner had failed and
refused to answer the discovery requests. Respondent therefore made a Motion to
Compel answers to discovery.
The Commission
issued an Order on Motion to Compel dated February 12, 1997, in which
Petitioner was ordered to provide complete answers to the Division's discovery
requests within 30 days of the date of the Order. The Order went on to indicate
that "Failure to obey this Order may also result in a dismissal of
Petitioner's case." Petitioner has failed and refused to respond to the
Division's discovery requests, despite the Commission's Order on Motion to
Compel.
ORDER
Based on the
foregoing and for good cause appearing, the Tax Commission hereby orders that
Respondent's Motion to Dismiss is hereby granted and Petitioner's action is
hereby dismissed.
DATED THIS 17 day
of April, 1997
BY ORDER OF THE
UTAH STATE TAX COMMISSION
W. Val Oveson Richard B. McKeown
Chairman Commissioner
Joe B. Pacheco Alice Shearer
Commissioner Commissioner
^^