BEFORE THE UTAH STATE TAX COMMISSION
____________________________________
XXXXX
:
Petitioner, : ORDER OF APPROVAL
:
v. :
:
PROPERTY TAX
DIVISION OF THE : Appeal No. 92-1451
UTAH STATE TAX COMMISSION, :
: Tax Type:
Centrally Assessed
Respondent. :
_____________________________________
STATEMENT OF CASE
The
above-captioned matter involves an appeal to the Utah State Tax Commission from
the assessment by the Property Tax Division on the subject property. Petitioner asserted that the subject
property should have a lower market value as of the lien date, XXXXX.
Petitioner
and Respondent have agreed that an adjustment of the valuation from $$$$$ to
$$$$$ for the XXXXX tax year is necessary.
This adjustment is necessary because the overall statewide assessment
ratio for commercial and industrial property in the state of Utah for
assessment year XXXXX was XXXXX, and such a reduction was required to comply
with the Federal 4-R Act.
XXXXX
county, XXXXX county, XXXXX county, and XXXXX county, each had standing to
object to change of the assessment of the subject property pursuant to Utah
Code Ann. §59-2-1007. Each of said
counties originally filed an objection to the proposed reduction in
assessment. The issues raised in the
objection were based solely on the allegation that the property of Petitioner
operated exclusively within XXXXX County, XXXXX County, XXXXX County, and XXXXX
County, and that Petitioner’s operations do not go across state lines. Therefore it was alleged that Petitioner was
not subject to regulation by the Interstate Commerce Commission, and was not
entitled to the relief of the 4-R Act.
A
hearing was originally scheduled to hear the objections of the objecting
counties on XXXXX, and was thereafter continued to XXXXX at 10:00 a.m. Prior to the hearing, XXXXX, from the law
firm XXXXX, representing said counties, called and indicated that he had
requested certain information from the Interstate Commerce Commission, and upon
receipt of that information he would likely withdraw the objections which had
been filed. The hearing was thereafter
continued. Additional telephone calls
have been made to the office of XXXXX, and additional representations have been
made that the matter would be withdrawn, but such a withdrawal has not been
received.
The
objecting counties have the burden of proof to show cause why the settlement
entered into between the Petitioner and the Property Tax Division should not be
approved. The objecting counties have
not presented any evidence to support any objection to the proposed reduced
value, and they therefore have not met that burden of proof.
ORDER
Based
on the foregoing, the Utah State Tax Commission hereby finds the market value
of the subject property for the tax year XXXXX is $$$$$.
The
Property Tax Division is hereby ordered to adjust its records in accordance
with this order of approval. The County
Auditors are authorized to adjust their records in accordance with the revised
notice of assessment.
DATED
this 18th day of September, 1995.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
W. Val
Oveson Roger
O. Tew
Chairman Commissioner
Joe B.
Pacheco Alice
Shearer
Commissioner Commissioner