BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
XXXXX
Petitioner : ORDER OF CLARIFICATION
:
:
v. :
: Appeal
Nos. 92-1377
PROPERTY TAX
DIVISION, : 91-1160
UTAH STATE TAX COMMISSION, : 90-1081
: 89-0897
Respondent. : 88-1335
_____________________________________
Having
reviewed the parties' joint Motion for Clarification and for good cause shown,
the Commission orders the following clarification:
On
XXXXX, the Commission entered a final decision in XXXXX v. Property Tax
Division, Appeal Nos. 85-0074 & 86-0255 (XXXXX) (hereinafter "XXXXX
Decision). In Paragraph 4 of the
Findings of Fact in the XXXXX Decision, the Commission ruled that in
determining the cost indicator of value for XXXXX's property for tax years
XXXXX and XXXXX "the net book value should be reduced by the amount of the
DFIT in accordance with the FERC practice." XXXXX Decision at 4.
On
XXXXX, the Commission orally communicated to the parties that it was of the
opinion that the DFIT issue had been addressed with respect to XXXXX in its
XXXXX Decision. The Commission stated
that it did not see any reason to change its previous determination, as to
XXXXX, that in determining the cost indicator of value, "the net book
value should be reduced by the amount of DFIT."
The
Commission indicated that in each of the tax years subsequent to the XXXXX Decision,
the DFIT adjustment should have been mechanically applied to reduce the cost
indicator in the same manner in which it was applied by the Commission in its
XXXXX Decision and by the Division in its assessment of XXXXX for tax year
XXXXX. The Commission further indicated
that this clarification was limited to XXXXX and the tax years under appeal
before the Commission.
In
response to the Motion for Clarification filed by the parties on XXXXX, we now
confirm our prior oral communication.
The DFIT adjustment should have been mechanically applied to reduce the
Division's cost indicator in each of the captioned tax years in the same manner
in which it was applied by the Commission in the XXXXX Decision and by the
Division in its assessment of XXXXX for tax year XXXXX.
This
order of clarification applies only to XXXXX and only to the above-captioned
appeals.
DATED
this 21 day of December, 1992.
BY ORDER OF THE UTAH STATE TAX COMMISSION
R. H. Hansen Roger
O. Tew
Chairman Commissioner
Joe P.
Pacheco S.
Blaine Willes
Commissioner Commissioner