The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1909-12-10
COURT DELIVERS BLOW no TAX

z COURT DELIVERS BLOW no TAX
SYSTEM
Statesman
( The supreme court handed down an
Iopinion yesterday straight from the
! shoulder, holding that all county as
SCISSORS must assess all taxable prop
erty at its full cash valuation and
that. as ofiicials, they have no author
lily to assess 1t otherwise or agree to
make such assessments. The opinion
Is In the case Of the First National
.. bank OF Weiser VS. Washington coun-
ty, and is distinct blow to the prac-
tice OF the assessors OF holding con-
ventions to determine basis for APP
Ipraised valuations each year.
u The action was instituted by the
bank and Its stockholders to review
the action Of the board OF equaliza-
lti0n of Washington county, ordering
certain property assessed against the
bank and In also ordering a raise Iii
the valuation OF the capital stock Of
the bank. as the same had been as
Isessed against the stockholders. Judg-
ment entered by the lower court, va
eating the assessment of the furniture
and fixtures of the bank lii the sum
of $500, Is affirmed and reversed as
to that part Of the order vacating and
lannuling the action OF the board In
4 raising the valuation OF the capital
stock Of the bank from $40 to $48 per
share.
! Written by Ailshie
4 Tha nntnfnn fc Wriffnn hv TtcffNE
Ailshie and concurred In by Chief
Justice Sullivan and Justice Stewart.
The syllabus Is In part as follows:
/ The county assessor has no power
or authority to bind the county or its
board Of equalization by any agrae-
ment he may make or enter into with
the taxpayer as to the valuation to
be placed upon any specific property.
or the waiver OF deductions and ex-
emptions. His duties are prescribed
by law, and the taxpayer Is charge
able with notice OF the scope Of his
authority and the power with which
he is invested and the limitations
thereof. He Is required to assess all
the taxable property Of his county at
Its Full cash value" and has no
authority to assess It otherwise
Under the provisions Of section
1892. revised codes, the county COM
missioners of each county are re-
quired to meet on the second Monday
In July, in each year, as a board OF
equalization for the purpose of exam
lining the assessment roll and equal
izing the assessment OF property
through the county and enforcing and
compelling the assessment of prop
erty and raising or causing to be
raised any assessment OF property
which, In the Judgment Of the board,
has not been assessed at fair cash
value. No special, separate or per-
sonal notice of this meeting Is re-
quired to be given to the taxpayer OF
any action proposed to be taken, but
any raise. change or alteration In the
assessment of the property Of any tax
payer amounts only to proposal by
he so raised, or the assessment chang
ed or altered, and notice thereof is
thereafter given by the clerk In con-
formity with the provisions Of section
1899, revised codes, OF the time and
place when and where the taxpayer
may be heard to object and protest
against the proposed raise. change or
alteration.
Protestant Valves Claim
Where the board OF equalization
has made an order proposing q raise
on the valuation OF any specific prop
erty and the person against whom
such property Is assessed thereafter
appears at the time and place fixed
for the hearing OF such proposed
change and protests against the same
and submits his evidence, he thereby
valves the service OF notice and can
not thereafter be heard to object to
the action OF the board on the ground
that he was not served with notice,
THE deduction allowed to the tax
payer on account OF unsecured debts,
iue to bona fide residents of this
state as provided for and treated OF In
sections 1852, 1888 and 1886. revised
,odes, is a personal right and privf-
ege accorded the taxpayer and must
,e claimed by the taxpayer himself.
Under the provisions OF sections
1852. 1853 and 1886, revised codes,
ogether with the form OF list incor-
,orated in section 1856, and made a
TART thereof, the shares OF stock In
rational and state banks are classed
long with unsecured, solvent debt"
lue from others to the taxpayer. and
he taxpayer is accordingly entitled to
deduction thereform Of his "unse-
ured debts due to bona fide residents
II this state. X
Must Waive Rights
Zone claiming the right to deduct
Unsecured debts must personally
valve the right to plead the bar Of
he statute OF limitations against any
i the claims listed and for which he
laims deduction. lls
THE owner oil. bank stock Is not
Untitled to a proportionate or cores
'onding deduction In valuation there
i for the purpose Of taxation on ac-
cunt OF any OF the capital. surplus
i undivided profits OF such bank be-
ne deposited In any bank Or banks
utside OF the state
ADVERTISED LETTERS.