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GULF CAPITAL CORPORATION vs DEPARTMENT OF REVENUE, 01-000174 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-000174 Visitors: 6
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.
T50! & oe he STATE OF FLORIDA DEPARTMENT OF REVENUE ’ Se mf) TALLAHASSEE, FLORIDA <6 “ Ly. “Oayfoy 18 | (rr NEapT Rage GULF CAPITAL CORPORATION ) . Hes Ve ) Petitioner, ) ) vs. ) DOR CASENO. 01-6-FOF ) DOAHCASENO. 01-0174 FSR-CHS | FLORIDA DEPARTMENT OF REVENUE, ) : ) , 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.
Source:  Florida - Division of Administrative Hearings

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