Industrial Molinera C. A. is inmersed in determinative processes ordered by the internal revenue service for 2004 and 2005. In an arbitrary and illegal manner the internal revenue service foreclosed our premises based on the seventh general disposition of the law #99-24 which does not apply in this case, since the situation is not in any legal framework given that there is an on going determinative process, in which disposition from article 23 should be applied from internal revenue tax law which mandates presumptive determination in case the contributor does not deliver the accounting information requested by internal revenue service.

Because of all the aforementioned Industrial Molinera C. A. in accordance with the law for 2004 and 2005 chose to submit to a presumptive determinative procedure duly established in the internal revenue law.

Faced with an arbitrary foreclosure decreed by the internal revenue service on march 3rd of 2008, the Company filed a claim before Guayaquil fiscal district tribunal No. 2 challenging the foreclosure resolution because this penalty is not contemplated in these cases according to the law. This claim, according to the law, is effective by inmediately suspending the execution of said foreclosure until the Tribunal concludes with the tax code all objections to a tax administration resolution carries such an effect, so much so that the tax equity law adopted an obligation to guarantee these objections.

In spite of the above, the internal revenue service broke the law and, in arbitrary fashion, sustained the foreclosure of Industrial Molinera C.A. until the 10th of march of 2008, even though we had complied with the law.

These facts and behaviour clearly point out the persecution unleashed and being exerted in detriment to the company since the irs will not comply with express legal dispositions to execute its determinative and penal faculties.

We hope the irs will not continue committing these illegal acts and that it proceed according to the law.

In determinative processes, ordered by the irs, the corresponding glosses should be emitted, presumptively in this case and not proceed by enforcing illegal measures such as that foreclosure executed against my client. Such is mandated by law and we comply with the ecuadorian laws