87-0574 - Centrally Assessed

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

Petitioner :

: Appeal No. 87-0574

PROPERTY TAX DIVISION, :

UTAH STATE TAX COMMISSION, : FINAL ORDER

_____________________________________

STATEMENT OF CASE

The above-captioned matter involves an appeal to the Utah State Tax Commission ("Commission") from the assessment by the Property Tax Division of the Commission ("Division"), of the property of Petitioner, XXXXX ("XXXXX"), for the XXXXX tax year. Petitioner asserts that the subject property should have a lower taxable value as of the lien date, XXXXX. By Stipulation dated XXXXX, Petitioner and Respondent have agreed as follows:

(1) As the result of the Findings of Fact, Conclusions of Law and Final Decision issued by the Commission in Appeal Nos. 85-0074 and 86-0255, dated XXXXX, the system value of the subject property for the ad valorem tax purposes for the year XXXXX is $$$$$.

(2) The value of Petitioner's property properly allocable to the State of Utah is $$$$$.

(3) The fair market value of Petitioner's Utah property subject to taxation is $$$$$.

This Stipulation was entered into solely for purposes of settlement and was made without limitation or waiver of the ability of any party to raise any of the specific issues addressed herein or any other issues with respect to any assessment year other than XXXXX. Both Petitioner and Respondent expressly disclaimed any such limitation or waiver and specifically reserved the right to raise such issues as they may in their sole discretion deem appropriate with regard to tax years other than XXXXX. XXXXX have standing to object to the assessment of the subject property pursuant to Utah Code Ann. 59-2-1013 (1953). Pursuant to the Commission's Order to Show Cause dated XXXXX, the Counties were given 10 days to file a written response showing reasonable cause why the Commission should not accept the valuation of the subject property proposed in the Stipulation. Since no written responses were filed by any of the Counties, the Commission construes their failure to respond as an acceptance by each County of the proposed valuation.

ORDER

Based upon the Stipulation of the parties and the absence of any timely written response to the Commission's Order to Show Cause, the Commission hereby finds that the system value of the subject property for ad valorem tax purposes for the year XXXXX is $$$$$, the value of this property properly allocable to the State of Utah is $$$$$, and the fair market value of Petitioner's Utah property subject to taxation is $$$$$.

DATED this 3 day of August, 1988.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen G. Blaine Davis

Chairman Commissioner

Joe B. Pacheco Roger O. Tew

Commissioner Commissioner