J. R. Simplot Co. v. Department of Revenue

897 P.2d 316, 321 Or. 253, 1995 Ore. LEXIS 46
CourtOregon Supreme Court
DecidedJune 15, 1995
DocketOTC 2885; OTC 2962; SC S40329
StatusPublished
Cited by3 cases

This text of 897 P.2d 316 (J. R. Simplot Co. v. Department of Revenue) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J. R. Simplot Co. v. Department of Revenue, 897 P.2d 316, 321 Or. 253, 1995 Ore. LEXIS 46 (Or. 1995).

Opinion

DURHAM, J.

This case involves the valuation, for ad valorem tax purposes, of a potato processing plant near Hermiston, owned by J. R. Simplot Company (taxpayer), for tax years 1984, 1985, and 1986. The Oregon Tax Court accepted the assessment of the Department of Revenue (department)1 of $46 million for tax year 1984, and $43 million for each of tax years 1985 and 1986. Taxpayer argues that the Tax Court misinterpreted ORS 308.411, which we quote below and which governs the appraisal and valuation of industrial plants.2 We conclude that the Tax Court misconstrued ORS 308.411 and that the misinterpretation affected the court’s consideration of the appraisals of the property submitted by the parties. We reverse the Tax Court’s judgment and remand the case to permit the Tax Court to reconsider the appraisals under a correct statutory interpretation.

The 1981 version of ORS 308.411 governs the valuation of the subject property during the tax years in question. It provided, in part:

“(1) Except as provided in subsections (2) to (9) of this section, an industrial plant shall be valued for ad valorem tax purposes under ORS 308.205, 308.232 and 308.235 at its true cash value utilizing the market data approach (sales of comparable properties), the cost approach (reproduction or replacement cost of the plant) or the income approach (capitalization of income) or by two or more approaches.
“(2) The owner of a plant may elect to have the plant appraised and valued for ad valorem tax purposes excluding the income approach to valuation and excluding taking into consideration functional and economic obsolescence in the utilization of any approach to valuation.
[257]*257“(4) If an owner does not make an election under subsection (2) of this section, the owner shall make available to the assessor or department all information requested by the assessor or department needed to determine the true cash value for the plant. At the request of the owner, the information shall be made the confidential records of the office of the assessor or of the department, subject to the provisions of ORS 305.420 and 305.430.
“ (5) If an owner makes an election under subsection (2) of this section, the owner shall not in any proceedings involving the assessment of the industrial plant for the assessment year for which the election was made, before the county board of equalization, the Department of Revenue or the Oregon Tax Court, be entitled to introduce evidence relating to the use of the income approach or the allowance of functional or economic obsolescence in any approach to valuation of the plant.
u* * * He He
“(8) Except as provided in this section, no owner of an industrial plant shall be required to make available to the assessor or department, any itemization of income and expense of the industrial plant for use in an income approach to valuation or for determination of functional or economic obsolescence in any approach to valuation in making an appraisal of an industrial plant for purposes of ad valorem taxation. However, information furnished pursuant to subsection (4) of this section is available to the county assessor and to the department for purposes of preparing valuations of other industrial plants, subject to the provisions of ORS 308.413.
“(9) Nothing in this section shall preclude the request for and use of information from an owner of an industrial plant concerning cost items, whether materials, labor or otherwise, for use in the reproduction cost approach to the valuation of the plant. In no event shall the application of subsection (2) of this section operate to value an industrial plant below its true cash value for ad valorem tax purposes under ORS 308.205, 308.232 and 308.235. The election of an owner under subsection (2) of this section to forego the consideration of the income approach or the determination of functional or economic obsolescence in any approach to valuation shall constitute an irrevocable waiver of any subsequent claim that the failure of the assessor or the department to consider the income approach or functional or economic obsolescence resulted in a valuation in excess of the true [258]*258cash value of the plant under ORS 308.205, 308.232 and 308.235.”

Taxpayer made the election authorized by ORS 308.411(2). The parties agree that the election prohibits the use of the income approach to valuation by the department. They disagree, however, about the other consequences of an election in the valuation process. Their disagreement focuses on the final clause of ORS 308.411(2), which provides that an election excludes “taking into consideration functional and economic obsolescence in the utilization of any approach to valuation.”

First, the department argued, and the Tax Court agreed, that a consequence of a plant owner’s election to withhold income and expense information from the department is that the valuation of the plant will not reflect its “true cash value.” The Tax Court said: “[T]he election is to have the property assessed at a value which is something other than true cash value or market value.” J. R. Simplot Co. v. Dept. of Rev., 12 OTR 391, 395 (1993). The Tax Court stated that

“it is misleading to think in terms of true cash value. It is more accurate to think in terms of the ‘elected’ value.” Id. at 394.

The court also said:

“The goal is a value higher than market value because the market considers functional and economic obsolescence. ’ ’ Id. at 397 (emphasis added).

On reconsideration, the court further explained that conclusion:

“ORS 308.411(2) raises a fundamental problem. True cash value or market value is the value at which property would change hands in the marketplace between knowledgeable parties. * * * Since the marketplace does take into consideration the income approach and any detectable functional or economic obsolescence, excluding consideration of such matters cannot result in an estimate of market value. An appraiser who followed subsection (2) and yet claimed the result represented true cash value would be in gross violation of established professional standards.” Id. at 402 (footnote omitted).

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Related

STATE, DEPT. OF HUMAN RESOURCES v. Trost
983 P.2d 549 (Court of Appeals of Oregon, 1999)
SIMPLOT CO. v. Dept. of Rev.
897 P.2d 316 (Oregon Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
897 P.2d 316, 321 Or. 253, 1995 Ore. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-r-simplot-co-v-department-of-revenue-or-1995.