BEFORE THE UTAH STATE TAX
COMMISSION
____________________________________
XXXXX,
:
Petitioner, : ORDER
:
v. :
:
PROPERTY TAX
DIVISION OF THE : Appeal Nos. 88-1332, 89-0895,
UTAH STATE TAX COMMISSION, : 89-0896,
90-1082, 90-1083,
: 91-1100,
91-1249, 92-1373,
Respondent. : 92-1374, 93-1025, 93-1032,
: 93-1122,
94-1170, 94-1171,
: 94-1187,
95-0690 and 95-0691
:
: Tax
Type: Centrally Assessed
____________________________________
STATEMENT OF CASE
The
above-captioned matters involve appeals to the Utah State Tax Commission from
the assessment made by the Property Tax Division of the Utah State Tax
Commission of the subject property of Petitioner.
XXXXX,
the Property Tax Division of the Utah State Tax Commission
("Division"), and XXXXX ("Counties"), have agreed that an
adjustment to the valuation is necessary and proper.
According
to Utah Code Annotated §59-2-1007, the Commission is required to furnish notice
to the County Auditor of any county whose tax revenues may be affected by the
decision of its intent to adjust the assessment.
The
Commission signed an order affirming the values on XXXXX. Thereafter, notice was given to XXXXX, as
the only other county whose revenues are affected which did not sign the
stipulation, to show cause within thirty (30) days from the date of the order
why the Tax Commission should not accept the proposed values as agreed to by
most of the parties within the stipulation.
Said Order to Show Cause was signed and mailed on XXXXX.
On
XXXXX, XXXXX file a response to the Order to Show Cause.
In
its Response, XXXXX represents that it does not object to the entry of an order
adopting the settlement values, but that its consent to the Order does
"not constitute approval of any principle or issue in these
proceedings."
DECISION AND ORDER
Based
upon the stipulation of most of the participating parties, the prior approval
of the values by the Commission, the consent of XXXXX to the settlement values,
and the failure of any other party to show cause why the Commission should not
accept the proposed values, the Commission hereby orders as follows:
1. The value of XXXXX rail car property for
each of the years and each of the appeals is hereby fixed at the following
amounts:
XXXXX
2. The value of Petitioner's Plant and Personal
Property for each of the years and appeal numbers is approved and ordered as
follows:
XXXXX
3. All other provisions of the settlement
agreement and stipulation entered into by the parties on XXXXX are hereby
approved by the Commission to the extent the Commission has power and
jurisdiction to approve and order such matters, and shall be binding upon the
parties to this proceeding until further order of this Commission or a court of
competent jurisdiction.
DATED
this 18 day of July, 1996.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
W. Val
Oveson Roger
O. Tew
Chairman Commissioner
Joe B.
Pacheco Alice
Shearer
Commissioner Commissioner