BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
XXXXX, )
:
Petitioner, )
: DECISION
OF
v. ) INFORMAL HEARING
:
UTAH STATE TAX
COMMISSION )
PROPERTY TAX
DIVISION, : Appeal No. 85-55-0044
)
Respondent. :
_____________________________________
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
Chairman Commissioner