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