-5-
North Carolina's Sales and Use Tax
SLC was engaged in the business of leasing computer systems
in the State of North Carolina during the relevant period. The
North Carolina Department of Revenue (the Department of Revenue)
issued a “Notice of Sales and Use Tax Due” (the notice) to SLC
dated June 14, 1991. The notice identifies the amount of taxes,
penalties, and interest due, a total of $980,511.84, and states
that the assessment is final and conclusive. The assessment of
sales and use tax identified in the notice was for taxes that
were never collected by SLC. After receipt of the notice, SLC's
recourse was to pay the assessed amount and file a suit for
refund or to protest the assessment if the Department of Revenue,
in the exercise of its discretion, permitted additional time to
file a protest. As of August 31, 1991, SLC had not paid the
amount identified as due on the notice, nor had SLC requested
time to file a protest.
On October 14, 1991, petitioners engaged an attorney to
protest the sales and use tax assessment. The Department of
Revenue granted SLC 60 days to file a protest. As a result of
that protest, the Department of Revenue abated the assessment
against SLC in full.
The Department of Revenue never proposed nor made an
assessment against any of petitioners relating to the sales and
use tax assessed against SLC.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011