BEFORE THE UTAH STATE TAX COMMISSION
Petitioner, : ORDER OF APPROVAL
PROPERTY TAX DIVISION OF THE : Appeal No. 92-1451
UTAH STATE TAX COMMISSION, :
: Tax Type: Centrally Assessed
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calls have been made to the office of XXXXX, and additional representations have been made that the matter would be withdrawn, but such a withdrawal has not been received.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.
Based on the foregoing, the Utah State Tax Commission hereby finds the market value of the subject property for the tax year XXXXX is $$$$$.
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
Joe B. Pacheco Alice Shearer