87-1102 - Centrally Assessed

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

Petitioner, :

v. : INFORMAL DECISION

: Appeal No. 87-1102

PROPERTY TAX DIVISION OF THE :

STATE TAX COMMISSION OF UTAH, )

Respondent. :

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for an Informal Hearing on XXXXX. Paul F. Iwasaki, Presiding Officer, heard the matter for and in behalf of the Tax Commission. Present and representing the Petitioner was XXXXX. Present and representing the Respondent were XXXXX, Assistant Attorney General, XXXXX. The Petitioner filed an appeal from the Tax Commissioner's Notice of Assessment, dated XXXXX. After reviewing the evidence and arguments presented by the parties, the Tax Commission hereby makes its

FINDINGS OF FACT

1. The Petitioner timely filed its XXXXX ad valorem worksheet for the XXXXX tax year based on XXXXX sales.

2. The Petitioner received notice of the assessment for the XXXXX tax year which was based on figures it had provided to this Commission of its XXXXX sales by way of a notice dated XXXXX.

3. The Notice of Assessment dated XXXXX which was sent to the Petitioner informed the Petitioner of the requirement of filing a Petition for Redetermination on or before XXXXX if they were dissatisfied with the assessment.

4. In XXXXX the Petitioner became aware of an error it had made in the reporting of its amount of oil and gas sales for XXXXX.

5. On XXXXX the Petitioner filed a petition for a redetermination of the assessment.

6. The errors cited by the Petitioner consisted of the over-reporting of oil production in XXXXX in the amount of XXXXX.

7. The Commission did not contribute to the erroneous overstatement of production by the Petitioner in any way.

CONCLUSIONS OF LAW

Utah Code Ann. 59-2-1013 1953 as amended, is in effect at the time of the case in question provided: "If the owner of any property assessed by the Commission, or any county with a show or reasonable cause, objects to the assessment, either party may, before XXXXX, apply to the Commission for a hearing. Both the owner or the county upon a showing of reasonable cause shall be allowed to be a party at any hearing under the section."

FINAL DECISION

In the present case, although it is unfortunate that the Petitioner erroneously provided wrong information to the Commission, the burden of that error should not be borne by the affected county in question. If redetermination of the assessment of centrally assessed properties were allowed at any time, it would be impossible for county government to establish their operating budgets. Therefore, a time limit within which the redetermination may take place is required. Based upon the evidence presented during the hearing and arguments of the parties, it is the finding of the Tax Commission that the petition for redetermination of the Petitioner is untimely and therefore, the request for redetermination is denied.

DATED this 19 day of September, 1989.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

ABSENT</