88-1332, 89-0895, 89-0896, 90-1082, 90-1083, 91-1100, 91-1249, 92- 1373, 92-1374, 93-1025, 93-1032, 93-1122, 94-1170, 94-1171, 94- 1187, 95-0690, 95-0691 - Centrally Assessed

 

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