BEFORE THE STATE TAX
COMMISSION OF UTAH
_____________________________________
XXXXX
:
Petitioner, )
:
v. ) INFORMAL DECISION
:
)
PROPERTY TAX
DIVISION OF THE : Appeal No. 86 0262
STATE TAX
COMMISSION OF UTAH, )
:
Respondent. )
_____________________________________
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.
ABSENT
Mark K. Buchi R.
H. Hansen
Chairman Commissioner
Roger O. Tew Joe
B. Pacheco
Commissioner Commissioner