96-2099

Sales

Signed 1/29/97

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

COMPANY A, :

:

Petitioner, : ORDER

:

v. : Appeal No. 96-2099

:

AUDITING DIVISION OF THE : Account No. #####

UTAH STATE TAX COMMISSION, :

:

Respondent. : Tax Type: Sales

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for an Initial Hearing pursuant to the provisions of Utah Code Ann. §59-1-502.5, on January 13, 1997. XXXXX, Administrative Law Judge, heard the matter for and on behalf of the Commission. Present and representing Petitioner were PETITIONERS REP. and PETITIONERS REP.. Present and representing Respondent were RESPONDENT REP., Assistant Attorney General, along with XXXXX and XXXXX of the Auditing Division.

Respondent performed an audit on the books and records of Petitioner for the audit period January 1, 1993 through December 31, 1995. As a result of the audit, an assessment of $$$$$ was made, along with the interest accrued thereon, for additional sales taxes.

At the Initial Hearing Petitioner stated that after reviewing the information from Respondent and Respondent's Prehearing Memorandum, he had decided to pay the sales tax assessment and did not want to continue with the appeal in this matter.

DECISION AND ORDER

Based upon the Petitioner's statement that he no longer wished to pursue an appeal in this matter, this appeal is dismissed.

This decision does not limit a party's right to a Formal Hearing. However, this Decision and Order will become the Final Decision and Order of the Commission unless any party to this case files a written request within thirty (30) days of the date of this decision to proceed to a Formal Hearing. Such a request shall be mailed to the address listed below and must include the Petitioner's name, address, and appeal number:

Utah State Tax Commission

Appeals Division

210 North 1950 West

Salt Lake City, Utah 84134

Failure to request a Formal Hearing will preclude any further administrative action or appeal rights in this matter.

DATED this 29 day of January, 1997.