97-2576
INCOME
Signed 6/10/97
BEFORE THE UTAH STATE TAX COMMISSION
__________________________________________
PETITIONER, )
)
Petitioners, ) ORDER )
)
vs. ) Appeal No. 96-2576
) Account
No. #####
COLLECTIONS DIVISION OF THE )
UTAH STATE TAX COMMISSION, ) Tax
Type: Income
Respondent. ) Period: 1980-1995
________________________________________
The Tax Commission hereby approves settlement
on the terms contained in the accompanying Stipulation between Petitioners,
PETITIONER, and the Collections Division of the Utah State Tax Commission. Upon compliance with the terms of the
Stipulation, the audit will be deemed fully satisfied. The above captioned appeal, number 96-2576
is hereby dismissed.
SO ORDERED by the Utah State Tax Commission
this 7 day of August, 1997.
W. Val Oveson Richard
B. McKeown
Chairman Commissioner
Joe B. Pacheco Pam Hendrickson
Commissioner Commissioner
BEFORE THE UTAH STATE TAX COMMISSION
____________________________________
PETITIONER, )
) STIPULATION
Petitioners, ) )
) Appeal
No. 96-2576
) Account
No. #####
vs. )
)
COLLECTIONS DIVISION OF THE ) Tax
Type: Income
UTAH STATE TAX COMMISSION, ) Period:1980-1995
Respondent. )
____________________________________
The parties, by and through their authorized
representatives, hereby stipulate as follows:
1. The
assessment is for Utah income tax.
2. The
audit covers the period January 1, 1980 through June 6, 1995.
3. The
parties recognize the costs and risks inherent in litigation of the issues
raised in the assessment.
4. Accordingly,
it is the parties mutual desire to arrive at a settlement which fully resolves
the matter in a satisfactory and economical fashion.
5. Petitioner
and Respondent agree that the correct
calculation of tax deficiencies, interest
accrued, and credits from withholding tax paid to the Commission by PETITIONER
employer and the application of a refund due the Petitioners for the 1996 tax
return are reflected in Exhibit A attached hereto. Petitioners agree to pay to
the Utah State Tax Commission the net sum of $$$$$ in full and complete
satisfaction of the audit liability, on or before June 30, 1997. Exhibit A also reflects the agreement of the
parties that no penalty amounts shall be paid by the Petitioners.
6.Petitioner further agrees to prospective
compliance in matters similar the Audit Report. This compliance is to begin immediately and continue without
interruption.
7. Respondent
agrees to accept the above-stated amount in complete satisfaction of
Petitioner's Utah income tax liability for the audit period. By agreeing to this settlement, neither
party is conceding the merits of any position taken in the hearing, nor does
this Stipulation stop either 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 be null and void and shall not
be admissible as evidence either party in any proceedings.
10. The
parties stipulate that the above-captioned appeal shall be dismissed upon
approval of this Stipulation by the Utah State Tax Commission.
11. If
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.
SO STIPULATED this 10 th of JUNE ,1997
__________________________ ______________________________
DEE H. TALBOT GALE
K. FRANCIS
DIRECTOR ASSISTANT
ATTORNEY GENERAL
COLLECTION DIVISION ATTORNEY FOR AUDITING DIVISION
_____________________________
PETITIONER
_____________________________
PETITIONER
^^