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

 

^^