Home-Stake Production Co. v. Board of Equalization

1966 OK 115, 416 P.2d 917, 24 Oil & Gas Rep. 901, 1966 Okla. LEXIS 421
CourtSupreme Court of Oklahoma
DecidedJune 14, 1966
Docket41467
StatusPublished
Cited by26 cases

This text of 1966 OK 115 (Home-Stake Production Co. v. Board of Equalization) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Home-Stake Production Co. v. Board of Equalization, 1966 OK 115, 416 P.2d 917, 24 Oil & Gas Rep. 901, 1966 Okla. LEXIS 421 (Okla. 1966).

Opinions

IRWIN, Justice.

Protestant, Home-Stake Production Company, has appealed from a judgment of the district court, affirming a judgment of the Seminole County Equalization Board assessing taxes upon protestant’s personal property located within that county.

Protestant is engaged in the business of production of crude oil by secondary recovery, accomplished by waterflood development. For the taxable year 1963 protestant accepted a nominal assessment upon personal property on hand and paid taxes thereon. Protestant filed no statement of assessment for 1964 upon the ground that all personal property within its warehouses and yards had been purchased, scheduled and committed for use in a projected wa-terflood drilling program upon specific locations. Protestant’s posture was, and is, that no taxes were assessable against such property, since all scheduled property was devoted solely to the waterflood operations. Thus all this property was necessary to and being used in production of oil, and therefore exempt from assessment for ad valorem tax purposes under 68 O.S.Supp. 1965 § 1001(g).

For the taxable year 1964 the county assessor rendered a total amount of $813,128.-60 against personal property inventoried by the assessor. The assessment was for $475,-014.40 against property in Redmond S. D. No. 15, and for $338,114.20 upon property located in Econtuchka S. D. No. 7. Protestant filed written protest against the assessment and valuations fixed by the assessor upon the grounds: (1) the property is exempt under the statute, supra; (2) valuations fixed by the assessor were arbitrary, unreasonable, and in excess of the fair market value and reasonable value of the property assessed.

The Board conducted a hearing (May 27, 1964), and thereafter entered an order reducing the assessments rendered by the county assessor as follows: Redmond S. D. No. 15 reduced to $148,357.00; Econ-tuchka, S.D. No. 7, $102,573.64. The total amount of protestant’s personal property for tax purposes was $250,930.64.

Protestant perfected the statutory appeal (68 O.S.1961, § 15.42) U> the district court where the matter was heard de novo. Upon conclusion of the trial the district court entered judgment affirming the determination previously entered by the Board. Motion for new trial was overruled, and this appeal was perfected.

We will consider first protestant’s contention that the fair market value of the personal property owned by it in Seminole County on January 1, 1964, was under the evidence introduced, $143,084.65 less than the fair market value as determined by the Board and the trial court on appeal.

We consider it appropriate to review portions of the evidence adduced on trial de novo. Protestant’s purchasing agent, whose training and experience covered over 40 years, was in charge of purchasing all materials, was familiar with the fair market value of oil field equipment, and was in charge of appraising value of protestant’s inventory. This.witness testified as to the nature, requirements and operations of a waterflood project, and that involvement in such an operation required accumulation of necessary materials in a central place for use as needed for the program. Protestant’s sole business in Seminole County was the two waterflood projects, one being located in each of the named school district; all property in the Redmond warehouse was purchased and accumulated in that warehouse for use in the pre-scheduled project, or in the necessary oil or water injection wells required for the project; the same was true as to protestant’s property at the warehouse or wells in the Econtuchka S. D.

[921]*921The witness reviewed the Board’s schedule of protestant’s personal property and the values fixed thereon for tax purposes; testified whether certain property described was owned by protestant, and to the correct description and condition of various items and the fair market value of the items scheduled. The witness testified the fair market value of all personalty involved was $143,084.65 less than the total taxable value fixed by the Board, or had a total value of $107,845.99 for assessment purposes.

The county assessor, in support of the valuations placed upon all items inventoried, testified protestant made no assessment of its property and that he personally inventoried the property assessed; value was fixed by following guide sheets furnished by the Oklahoma Tax Commission and applying the 35% factor to actual value. The assessor also secured competitive prices and mill prices from various supply companies, as well as junk prices from some sources, because protestant refused to furnish any evidence of material costs or inventories as normally is done by other companies. Some of the original valuations were reduced by the Board in an effort to arrive at an assessment figure agreeable to both sides. The assessment procedure was accomplished by attempting to determine fair market value, taking 100% of such figure and applying the 35% factor thereto for assessment purposes. If assessments are not returned by March 15th of the year a 10% penalty is added, and if not made by April 15th a 20% penalty is added. The reduced assessment made by the Board is “within reason of the actual value.” The total assessment against protestant, including penalties amounting to $22,811.87, was in line with assessments of other companies.

The assessor’s testimony was that he personally surveyed the property in making the assessment and his testimony is substantiated by witnesses who assisted him.

The record discloses that in many instances there was very little difference, if any, between the valuations on specific properties. However, from the above evidence, it is apparent there is a difference of opinion in values.

This is an action of legal cognizance and this Court has repeatedly held that in such a case, where a jury is waived, the determination of the trial court has the same force and effect as the verdict of a properly instructed jury, if there is any competent evidence to support it. See D.W.L., Inc., v. Goodner-Van Engineering Company, Okl., 373 P.2d 38; and Oklahoma Tax Commission v. Southwestern Bell Telephone Company, Okl., 396 P.2d 500. There is sufficient competent evidence to sustain the judgment of the trial court on this phase of the case, except as to the electric system, fuel system and gathering systems to be hereinafter considered.

Protestant next contends that all the property owned by it in Seminole County on January 1, 1964, was exempt from ad valorem taxation because it was actually being used in the production of oil and gas within the meaning of Title 68 O.S.Supp. 1965 § 1001(g), which provides:

“No equipment, material or property shall be exempt from the payment of ad valorem tax by reason of the payment of the gross production tax as herein provided except such equipment, machinery, tools, material or property as is actually necessary and being used and in use in the production of asphalt or of ores bearing lead, zinc, jack, gold, silver or copper or of petroleum or other crude oil, or other mineral oil or of natural gas and casinghead gas; and it is expressly declared that no ice plants, hospitals, office buildings, garages, residences, gasoline extractions or absorption plants, water systems, fuel systems, rooming houses and other buildings, nor any equipment or material used in connection therewith shall be exempt from ad valorem tax.” (emphasis ours)

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Home-Stake Production Co. v. Board of Equalization
1966 OK 115 (Supreme Court of Oklahoma, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
1966 OK 115, 416 P.2d 917, 24 Oil & Gas Rep. 901, 1966 Okla. LEXIS 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/home-stake-production-co-v-board-of-equalization-okla-1966.