BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
XXXXX, )
Petitioner, : ORDER OF APPROVAL
v. :
PROPERTY TAX
DIVISION OF THE : Appeal Nos. 89-0807, 90-1160
UTAH STATE TAX COMMISSION, : 91-1125,
& 92-1338
Respondent. : Tax Type: Cent. Assessed
_____________________________________
STATEMENT OF CASE
This
matter came before the Utah State Tax Commission at a hearing on XXXXX, before
Commissioners Joe B. Pacheco and Alice Shearer, and Administrative Law Judge
XXXXX. Representing the Petitioner were
XXXXX and XXXXX; representing the Property Tax Division of the Utah State Tax
Commission were XXXXX and XXXXX: and representing the "Objecting
Counties" was XXXXX.
XXXXX,
a wholly owned subsidiary of XXXXX, is a "public utility" The Objecting
Counties include XXXXX, XXXXX, XXXXX, XXXXX, XXXXX, XXXXX, XXXXX, XXXXX, XXXXX,
XXXXX, XXXXX, XXXXX, XXXXX, XXXXX, XXXXX, XXXXX, XXXXX, XXXXX, XXXXX, XXXXX,
XXXXX, XXXXX, XXXXX, and XXXXX counties under Utah Code Ann. §59-2-102(19),
whose property is to be centrally assessed by the Commission pursuant to Utah
Code Ann. §59-2-201. XXXXX has sought
timely appeals of its annual Utah property tax assessments for the tax years
XXXXX through XXXXX.
XXXXX
and the Property Tax Division of the Utah State Tax Commission have engaged in
numerous discussions from XXXXX through XXXXX in attempts to resolve the
differences between the parties as to the issues raised in the tax appeals that
XXXXX had filed. In XXXXX, XXXXX and
the Property Tax Division reached a comprehensive settlement of all outstanding
issues for the four tax years. This
settlement was filed with the Commission on XXXXX (Settlement).
On
XXXXX, the Commission issued an Order to Show Cause as to why the Settlement
should not be approved. The Objecting
Counties filed objections to the Settlement between XXXXX and the Property Tax
Division on XXXXX, and XXXXX responded to those objections on XXXXX. On XXXXX, a hearing was held on the
Settlement, at which XXXXX, Assistant Director of the Property Tax division,
testified concerning the elements of the Settlement.
At
the beginning of the hearing, counsel for all parties to this matter
represented that the Objecting Counties would consider withdrawing their
objections if XXXXX would allow the counties who were obligated to pay a refund
to do so through an offset against future property taxes.
Counsel
for the Objecting Counties was given 30 days from the date of the hearing to
determine if any county would not agree to the withdrawal of objections and the
proposed refund procedure. No
individual counties have objected to the proposal of the parties made at the
XXXXX, hearing.
FINDINGS OF FACT
1. All objections to the Settlement have been
withdrawn.
2. The following values for the Utah allocation
of the system-wide assessment of XXXXX property for XXXXX were agreed upon by
XXXXX and the Property Tax Division:
XXXXX $$$$$
XXXXX $$$$$
XXXXX $$$$$
XXXXX $$$$$
3. XXXXX testified at the XXXXX, hearing that the
stipulated values agreed to between the parties for the four years were within
the "range" or "framework of fair market value."
CONCLUSIONS OF LAW
1. There are no pending objections to the
Settlement. Thus, no party to this
proceeding has shown good cause as to why XXXXX assessments should not be
modified to reflect the settlement values.
2. The assessment values in the Settlement
between XXXXX and the Property Tax Division are a reasonable representation of
fair market value, as defined in Utah Code Ann. §59-2-102(7).
3. Refunds due the taxpayer by the adoption of
this Settlement shall include interest at the rates specified in Utah Code Ann.
§59-2-1330.
ORDER
In
accordance with the foregoing Conclusions of Law, the Property Tax Division is
hereby ordered to adjust its records to reflect the annual assessed values
specified in the Settlement and to issue revised notices of assessments. The county auditors of the affected counties
are authorized to adjust their records in accordance with the revised notice of
assessment and may, at their individual options, offset refunds due to XXXXX
against future taxes for the tax years XXXXX and XXXXX, with interest at the
rates specified in Utah Code Ann. §59-2-1330.
DATED
this 8th day of March, 1995.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
W. Val
Oveson Roger
O. Tew
Chairman Commissioner
Joe B.
Pacheco Alice
Shearer
Commissioner Commissioner