Petitioner: GULF CAPITAL CORPORATION
Respondent: DEPARTMENT OF REVENUE
Judges: FLORENCE SNYDER RIVAS
Agency: Department of Revenue
Locations: Miami, Florida
Filed: Jan. 16, 2001
Status: Closed
Recommended Order on Thursday, July 5, 2001.
Latest Update: Sep. 26, 2001
Summary: Taxpayer is required to pay sales tax on yacht and is not entitled to resale exemption.
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STATE OF FLORIDA DEPARTMENT OF REVENUE ’ Se mf)
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GULF CAPITAL CORPORATION ) . Hes Ve
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Petitioner, )
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vs. ) DOR CASENO. 01-6-FOF
) DOAHCASENO. 01-0174 FSR-CHS |
FLORIDA DEPARTMENT OF REVENUE, ) :
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Respondent. ) :
)
FINAL ORDER
This cause came before the Department of Revenue for the purpose of issuing a
final order. The Administrative Law Judge assigned by the Division of Administrative
Hearings issued a Recommended Order dated July 5, 2001, sustaining in full the
Department’s assessment. Petitioner timely filed exceptions to the Recommended Order,
but Petitioner subsequently withdrew its exceptions by way of letter dated September 7,
2001. The Department filed no exceptions to the Recommended Order and there are no
proposed substituted orders to consider. A copy of the Recommended Order is attached to
this Final Order and is specifically incorporated by reference. The Department has
jurisdiction of this cause.
STATEMENT OF THE ISSUE
The Department adopts and incorporates in this Final Order the Statement of the
Issue presented in the Recommended Order.
PRELIMINARY STATEMENT
The Department adopts and incorporates in this Final Order the Preliminary
Statement presented in the Recommended Order.
FINDINGS OF FACT
The Department adopts and incorporates in this Final Order the Findings of Fact
set forth in the Recommended Order.
CONCLUSIONS OF LAW
The Department adopts and incorporates in this Final Order the Conclusions of
Law set forth in the Recommended Order.
Based on the foregoing, it is,
ORDERED that Gulf Capital Corporation’s request for relief be denied in its
entirety. DOR’s assessment, including all tax, interest and penalty is sustained in full.
ENTERED in Tallahassee, Leon County, Florida this 25th day of September,
~ 2001.
State of Florida
DEPARTMENT OF REVENUE
ZINGALE ‘
XE E CTOR
I HEREBY CERTIFY that the foregoing FINAD-ORDER
in GULF CAPITAL CORP. v.
DEPARTMENT OF REVENUE, DOAH Case No. 01-0174, has been filed in the official
records of the Florida Department of Revenue this Beh day of September, 2001.
LANGS
AGENCY CLERK
Copies furnished to:
Florence Snyder Rivas, Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Henry H. Raattama, Jr., Esquire
Akerman, Senterfitt & Eidson, P.A.
Sun Trust International Center
One Southeast Third Avenue, 28th Floor
Miami, Florida 33131-1714 ‘
Carrol Y. Cherry, Esquire
Martha F. Barrera, Esquire
Jarrell L. Murchison, Esquire
Assistant Attorneys General
Office of the Attorney General
Tax Section, PL-01, The Capitol
Tallahassee, Florida 32399-1050
J. Bruce Hoffmann, General Counsel
John L. Bischof, Assistant General Counsel
Florida Department of Revenue
- P.O. Box 6668
Tallahassee, Florida 32314-6668
NOTICE OF RIGHT TO JUDICIAL REVIEW
A party who is adversely affected by this Final Order is entitled to judicial review
pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by the ,
Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one
copy of a Notice of Appeal with the Agency Clerk of the Department of Revenue and a
second copy, accompanied by filing fees prescribed by law, with the District Court of
Appeal, First District, or with the District Court of Appeal in the appellate District where
the party resides. The Notice of Appeal must be filed within 30 days of rendition of the
order to be reviewed.
Docket for Case No: 01-000174
Issue Date |
Proceedings |
Sep. 26, 2001 |
Final Order filed.
|
Jul. 23, 2001 |
Exceptions to Recommended Order filed by H. Raattama
|
Jul. 05, 2001 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
|
Jul. 05, 2001 |
Recommended Order issued (hearing held March 29, 2001) CASE CLOSED.
|
Jun. 27, 2001 |
Order Denying Motion to Strike issued.
|
Jun. 22, 2001 |
Motion in Opposition to Motion to Strike (filed by Petitioner via facsimile).
|
Jun. 15, 2001 |
Department of Revenue`s Motion to Strike (filed via facsimile).
|
Jun. 11, 2001 |
Taxpayer Proposed Recommended Order (filed via facsimile).
|
Jun. 05, 2001 |
Petitioner`s Motion to Set Date for Filing Proposed Order (filed via facsimile).
|
May 25, 2001 |
Department of Revenue`s Proposed Recommended Order (enclosing disk) filed.
|
May 11, 2001 |
Transcript filed. |
Mar. 29, 2001 |
Department`s Request for Judicial Notice filed.
|
Mar. 29, 2001 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Mar. 27, 2001 |
Notice of Filing Respondent`s Exhibits 1 through 11; Respondent`s Exhibits 1 through 11 filed.
|
Mar. 27, 2001 |
Petitioner`s Amended Response to Department of Revenue`s First Request for Production of Documents and Motion to Admit Certain Documents into Evidence (filed via facsimile).
|
Mar. 25, 2001 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Mar. 23, 2001 |
Amended Joint Prehearing Stipulation (filed via facsimile).
|
Mar. 22, 2001 |
Amended Notice of Video Teleconference issued. (hearing scheduled for March 29, 2001; 9:00 a.m.; Miami and Tallahassee, FL, amended as to scheduling by video teleconference and hearing location).
|
Mar. 20, 2001 |
Joint Prehearing Stipulation (filed via facsimile).
|
Mar. 16, 2001 |
Petitioner`s Notice of Serving Responses to Respondent`s First Set of Interrogatories (filed via facsimile).
|
Mar. 16, 2001 |
Petitioner`s Notice of Serving Responses to Respondent`s First Request for Production of Documents (filed via facsimile).
|
Mar. 16, 2001 |
Petitioner`s Notice of Services Responses to Respondent`s First Request for Admissions (filed via facsimile).
|
Mar. 08, 2001 |
Re-Notice of Taking Corporate Deposition With Subpoena Duces Tecum (filed by Respondent via facsimile).
|
Mar. 05, 2001 |
Notice of Cancellation of Taking Trial Deposition (filed by Respondent via facsimile).
|
Feb. 23, 2001 |
Notice of Taking Trial Deposition filed by Respondent
|
Feb. 23, 2001 |
Notice of Taking Corporate Deposition With Subpoena Duces Tecum filed by Respondent
|
Feb. 20, 2001 |
Notice of Intent to Introduce into Evidence Records Containing Data Summaries (filed by Respondent via facsimile).
|
Feb. 14, 2001 |
Respondent, Department of Revenue`s First Request for Production of Documents (filed via facsimile).
|
Feb. 14, 2001 |
Respondent, Department of Revenue`s first Request for Admissions (filed via facsimile).
|
Feb. 14, 2001 |
Respondent, Department of Revenue`s Notice of Serving First Set of Interrogatories (filed via facsimile).
|
Feb. 06, 2001 |
Order issued (Respondent`s Motion to Dismiss or in the alternative Motion for More Definite Statement is denied).
|
Feb. 05, 2001 |
Notice of Hearing issued (hearing set for March 29, 2001; 9:00 a.m.; Miami, FL).
|
Feb. 01, 2001 |
Petitioner`s Notice of Opposition to Respondent`s Motion to Dismiss or in the Alternative Motion for a more Definite Statement (filed via facsimile).
|
Jan. 24, 2001 |
Department of Revenue`s Motion to Dismiss or in the Alternative, Motion for More Definate Statement (filed via facsimile).
|
Jan. 24, 2001 |
Amended Response to Initial Order (filed by Respondent via facsimile).
|
Jan. 23, 2001 |
Department of Revenue`s Unilateral Response to Initial Order (filed via facsimile).
|
Jan. 16, 2001 |
Initial Order issued.
|
Jan. 16, 2001 |
Request for Administrative Hearing filed. |
Jan. 16, 2001 |
Notice of Reconsideration filed. |
Jan. 16, 2001 |
Agency referral filed. |
Orders for Case No: 01-000174
Issue Date |
Document |
Summary |
Sep. 25, 2001 |
Agency Final Order
|
|
Jul. 05, 2001 |
Recommended Order
|
Taxpayer is required to pay sales tax on yacht and is not entitled to resale exemption.
|