Laws, Regulations & Annotations

S

760.0000 STATE ASSESSEES

Annotation 760.0015

760.0015 Reassessment Hearings. The District Court of Appeals in ITT World Comm., Inc. v. Santa Clara County, 101 Cal.App.3d 246, enumerated these rules as applicable to hearings for state assessees:

1. Since no one method of appraisal alone can be used to estimate the value of all property, the State Board of Equalization, subject to requirements of fairness and uniformity, may exercise its discretion in using one or more of them.

2. The State Board of Equalization is presumed to have properly performed its duties.

3. The taxpayer has the burden of showing that the assessment was not fair and equitable.

4. The State Board of Equalization is not required to go forward with any evidence, but may stand on the presumption of correctness of the assessment.

5. The taxpayer must overcome the presumption of correctness of the assessment by presenting to the Board evidence of assessment impropriety.

6. In determining the value of property the State Board of Equalization may take into consideration earnings derived therefrom, which may depend upon the possession of intangible rights and privileges that are not themselves regarded as a separate class of taxable property.

7. Market value for assessment purposes is the value of property when put to beneficial or productive use.

8. The assessment of taxable property may take into account earnings from that property that depend upon the possession of a franchise. C 4/4/1980.