BEFORE THE STATE TAX COMMISSION OF UTAH
v. ) INFORMAL DECISION
PROPERTY TAX DIVISION OF THE : Appeal No. 86 0262
STATE TAX COMMISSION OF UTAH, )
STATEMENT OF CASE
This is an Appeal to the Utah State Tax Commission from the XXXXX made on the subject property by the Property Tax Division of the State Tax Commission of Utah (Respondent).
An Informal Hearing on the above matter was held on June 10, XXXXX in the offices of the Utah State Tax Commission. XXXXX and James E. Harward, Hearing Officers, heard the matter for the Commission. XXXXX represented the Petitioner. XXXXX and XXXXX represented the Respondent.
The subject property consists of the surface rights only of patented mining claims used for ski runs outside of XXXXX, Utah. The claims are owned by XXXXX, which leases the surface rights for skiing to XXXXX, dba XXXXX (Petitioner).
Petitioner asserted that the valuation should be reduced from $$$$$ per acre to $$$$$ per acre based on the XXXXX assessment of similar property owned by XXXXX and leased to XXXXX. The XXXXX property was valued at $$$$$ per acre for the tax year XXXXX.
Respondent noted that the assessment rates of Utah Code Ann. § 57-5-57 increased from 20 percent in XXXXX to 100 percent in XXXXX. The XXXXX assessment of the XXXXX property used by Petitioner is in line with the assessment of the subject property.
The XXXXX Assessment prepared by Respondent contains a typographical error. The portion of the assessment relating to real estate includes the XXXXX assessment of $$$$$ as well as the XXXXX assessment of $$$$$. The XXXXX portion should be deleted from the XXXXX assessment.
Petitioner and Respondent agreed that there should be no further adjustment for the tax year XXXXX other than for the typographical error previously mentioned. For the tax year XXXXX, Petitioner will provide Respondent with information necessary for a possible valuation of the subject property based on the capitalization of the lease. Petitioner will defer the issue of separation of ownership until the XXXXX Appeal.
DECISION AND ORDER
The Utah State Tax Commission hereby adjusts the total assessed valuation of the subject property from $$$$$ to $$$$$ as of January 1, XXXXX.
The Property Tax Division of the State Tax Commission of Utah is directed to adjust its records in accordance with this Decision.
DATED this 11 day of July, 1986.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
Mark K. Buchi R. H. Hansen
Roger O. Tew Joe B. Pacheco