87-0865 & 87-1850 to 87-1851 - Centrally Assessed

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

                                                                                    :

            Petitioner,                                                         :           FINDINGS OF FACT,

                                                                                    :           CONCLUSIONS OF LAW

v.                                                                                 :           AND FINAL DECISION

                                                                                    :

                                                                                    :           Appeal No. 87-0865

PROPERTY TAX DIVISION OF THE                       :           Appeal No. 87-1850

            UTAH STATE TAX COMMISSION,            :           87-1851

                                                                                    :

            Respondent.                                                     :

_____________________________________

STATEMENT OF CASE

            This matter came before the Utah State Tax Commission pursuant to the Rules of Administrative Procedures for an informal hearing adjudicative proceedings on XXXXX.  Jerry E Larrabee, Hearing Officer, heard the matter for and in behalf of the Tax Commission.  XXXXX and XXXXX appeared for the Petitioner.  XXXXX and XXXXX appeared for the Respondent.

            Based upon the evidence and arguments presented at the hearing and the recommendations of the Hearing Officer, the Tax Commission makes its:

FINDINGS OF FACT

            1. The tax in question is property tax.

            2. The period in question is XXXXX.

            3. The Property Tax Division of the Utah State Tax Commission made an assessment on Petitioner's property located in XXXXX and XXXXX Counties.

            4. The only question at issue on Petitioner's assessment is the value of the personal property.

            5. The assessment of the personal property by the Property Tax Division set the value at $$$$$.  The request of the Petitioner is that 45% of obsolescence be granted to the Property Tax Division assessment and reduce the assessment to $$$$$.

CONCLUSIONS OF LAW

            1. Property tax assessment in the State Utah is based on the fair market value of the subject property.

            2. In order to adjust market value as determined by the Property Tax Division, the party requesting the adjustment must support its proposed valuation by a preponderance of evidence.  During the informal hearing, the Petitioner asked the Utah State Tax Commission to lower the valuation of the subject property by 45% economic obsolescence.  Petitioner did not present evidence such as an appraisal or an economic study which would support the requested change, and therefore the Petitioner did not sustain its burden of proof.

DECISION AND ORDER

            Based on the foregoing, it is the decision and order of the Utah State Tax Commission that the original assessment made by the Property Tax Division be sustained and Petitioner's appeal be denied.

            DATED this 15 day of November, 1989.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

Joe B. Pacheco                                                            G. Blaine Davis

Commissioner   Commissioner