Property:
Oregon Tax Court Magistrate Rejects “Dark Store Theory” Valuation of Big-Box Retail Store
Case No. TC-MD 210115R, Or. Tax Ct. (6/21/24). In an unpublished order of the Magistrate Division of the Oregon Tax Court, the presiding magistrate held that the taxpayer failed to meet its burden of proof that the real market value of its subject property – an in-state big-box retail store – for the tax year at issue was lower than the value determined by the county board of property tax appeals. In doing so, the presiding magistrate rejected the taxpayer’s valuation which assumed the property was occupied without a lease, “implying it is vacant and values the property as if it were to be demised,” as such perspective “does not match the current owner-occupied economically stable condition of the property.” The judge explained that, under the facts, both parties agreed that the subject property was in good condition, that the taxpayer had no intention of vacating the site, and that the property was in a “stabilized” condition. Please contact us with any questions.
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