BEFORE THE UTAH STATE TAX COMMISSION
: DECISION OF
v. ) INFORMAL HEARING
UTAH STATE TAX COMMISSION )
PROPERTY TAX DIVISION, : Appeal No. 85-55-0044
STATEMENT OF CASE
This matter was originally scheduled for hearing on XXXXX. However, do to the Petitioner not being notified of the date and the time of the hearing, it was rescheduled to XXXXX. XXXXX, Hearing Officer heard the matter for the Tax Commission. Petitioner was represented by XXXXX. The Property Tax Division of the Utah State Tax Commission was represented by XXXXX, Assistant Attorney General and XXXXX.
The Petitioner argued that the XXXXX property tax assessment should be $$$$$ rather than $$$$$ which is the current assessment for XXXXX.
The Petitioner argued that due to the closure of the mine for the entire year of XXXXX, a 25% obsolescence factor should be applied to the original cost of the subject property as well as a 25% depreciation factor.
The Respondent presented evidence that a 19% reduction for obsolescence was built into the tables used for the valuation of the subject property.
DECISION AND ORDER
Based upon the facts presented at the Hearing, it is the Decision of the Utah State Tax Commission as follows:
1. An obsolescence factor will only be granted on a case by case basis based on the facts.
2. An obsolescence factor has already been factored into the computation of the value of the subject property in the tables used for valuation. This valuation reflects a 19% adjustment for the year.
3. Even if the Commission were inclined to look at the obsolescence factor as espoused by the Petitioner, that figure is unsupported by any evidence and is simply the opinion of the Petitioner without any foundation.
4. The Petitioner presented no evidence that would indicate that the subject property was permanently closed down. In fact, the contrary was presented where a skeleton crew was maintained to keep the mine in stand-by operation.
DECISION AND ORDER
Based upon the foregoing conclusions, it is the Decision and Order of the Utah State Tax Commission that the assessed value for XXXXX of $$$$$ be hereby affirmed.
DATED this 23 day of January, 1986.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
Mark K. Buchi Gary C. Cornia