US Laws, Codes, Statutes & Cases

                                  TITLE  63
                             REVENUE AND TAXATION
                                  CHAPTER 4
           APPRAISAL, ASSESSMENT AND TAXATION OF OPERATING PROPERTY
    63-404.  OPERATOR'S STATEMENT -- ARBITRARY ASSESSMENT. (1) Every person
owning, operating or constructing, either as owner or lessee, any public
utility, railroad or private railcar fleet which is not exempt from taxation
under the provisions of this title, shall prepare or cause to be prepared an
annual statement showing all property subject to assessment by the state tax
commission, together with such pertinent information as may be required on
forms supplied by the state tax commission for such purposes, which statement
and forms must be signed by the owner or lessee, or the president, secretary,
auditor, superintendent or principal accounting officer or agent of such
person, and delivered to the state tax commission on or before such time as
the state tax commission may determine, and the state tax commission must file
such statement and forms in its office.
    (2)  The statement must contain such information as the state tax
commission determines to be necessary for it to properly assess the operating
property. This information shall include, unless otherwise specified, such a
general description of the property of such owner or lessee situated or
operated in the state of Idaho as would be sufficient to identify the same for
all purposes of assessment; the entire length of the system, the length of the
system within this state, the length of the line owned and the length of the
line operated for the whole system and in this state being separately shown;
the total number of miles of each line within the state, the number of miles
of main line, branch line, second track, siding and spurs being shown and the
number of miles within any county, and within any incorporated city, and
within any school or other taxing district into or through which said line
extends; the total number of shares of capital stock for the whole system; the
amount authorized, the amount issued, the amount outstanding and the dividends
paid thereon being separately shown; the market and actual value of the shares
of capital stock for the whole system; the funded debt for the whole system;
and a detailed statement of all series of bonds, debentures and other
securities forming part of the funded debt, at par value, with date of issue,
date of maturity, rate of interest and interest paid; the market and actual
cash values of such series of funded debt for the whole system; a detailed
statement of all capital stock and bonds or other securities of such person,
or of other persons, owned by or held in trust, the par value and market and
actual value of the same; the entire gross receipts and gross expenses for the
entire system each year, ending on the thirty-first day of December; and such
other matters and things as may be required in the annual statement supplied
by the state tax commission.
    (3)  In addition to the statement required by this section, every person
filing such statement shall, at the same time, furnish to the state tax
commission unless otherwise specified, certified copies of the annual reports
of the board of directors or other officers to the stockholders, and the
annual reports made to the surface transportation board, federal
communications commission, federal energy regulatory commission and the
securities exchange commission or their successor agencies.
    (4)  If any person or officer refuses or neglects to furnish the annual
statement, list, or copies of the reports required to be furnished under the
provisions of this chapter, or refuses or neglects to appear before the state
tax commission, or to answer under oath all questions propounded to him in
relation to matters necessary to be known by the commission in order to
discharge its duties in the assessment of his property or the property of the
person represented by him, then the commission shall make an arbitrary
assessment of such property, except as otherwise provided in section 63-411,
Idaho Code, which shall be as fair and equitable as it may be able to make
from the best information it possesses, and any such person shall be estopped
to question or impeach any such assessment in any hearing or proceeding
thereafter.