105 P. 1053 | Idaho | 1909
— This action was instituted in the district court for the purpose of reviewing the action of the board of equalization of Washington county in ordering the furniture and fixtures of respondent, the First National Bank of Weiser, placed on the assessment-roll for 1907, and in also raising the assessment on the shares of the capital stock in the respondent bank as assessed against its stockholders. A writ issued, and the board of equalization, acting through its clerk, made return to the writ, and after a hearing thereon the district court made an order vacating and setting aside the order of the board both in assessing the furniture and fixtures of the bank and in raising the assessed valuation of the capital stock of the bank. This is an appeal from the order and judgment of the district court.
The facts are as follows: On about June 29, 1907, the respondent bank listed its shares of stock for taxation, furnishing the assessor with a statement of the names of the stockholders together with the number of shares of stock owned by each, the capital stock of the bank, surplus, and undivided profits, and made a notation on the list as follows: “First National Bank capital stock @ 60%, $50,000. No exemptions to be claimed.” The bank claims that it had an agreement, with the assessor at the time it furnished the list that in consideration of the stock being assessed upon a basis of $30,000 for the entire valuation of the bank’s assets, the stockholders would not claim any offsets on account of any unsecured debts owing to bona fide residents of the state. The stock was accordingly assessed by the assessor at $30 per share. On July 9, 1907, the board of equalization ordered the furniture and fixtures of the bank placed on the roll and assessed at a valuation of $600, and at the same time ordered that the assessment of the shares of the capital stock of the bank be raised $18 per share, making the total, assessment of such stock $48 per share. On July 10, 1907, the clerk of the board gave notice of the proposed raise as au
It is conceded on this appeal that the action of the board in ordering the bank furniture and fixtures placed on the assessment-roll and assessed at the sum of $600 was without jurisdiction and is void, and consequently that portion of the order will not be considered or discussed by us in this opinion.
It is contended by the appellants, however, that the action of the district court in ordering canceled and vacated the order of the board of equalization in raising the assessed valuation of the capital stock of the bank was error and that it should be reversed. In the first place, it is a well-established rule in this court that the writ of review will only issue where a tribunal, board or officer, exercising- judicial functions, has exceeded its jurisdiction as such tribunal, board, or officer, and there is no plain, speedy, or adequate remedy at law. It has likewise been held that if the order made by the inferior tribunal, board or officer was within its jurisdiction, however erroneous the action may have’ been, it cannot be reached by writ of review. (People v. Lindsay, 1 Ida. 394; Rogers v. Hays, 3 Ida. 597, 32 Pac. 259; Chemung Min. Co. v. Hanley, 11 Ida. 302, 81 Pac. 619; Dahlstrom v. Portland Min. Co., 12 Ida. 87, 85 Pac. 916; Canadian Bank of Commerce v. Wood, 13 Ida. 794, 93 Pac. 257; Utah Association of Credit Men v. Budge, 16 Ida. 751, 102 Pac. 691.)
The question, therefore, which presented itself to the trial court and presents itself to this court on appeal is not whether
In the first place, the assessor had no power or authority to bind the county or its board of equalization by any agreement he might enter into with the taxpayers. His duties are prescribed by law, and the taxpayer has notice of the scope of his authority and the power with which he is invested and of the limitations thereof. The duty of the assessor is to assess all of the taxable property of his county at its “full cash value,” and he has no legal right or authority to assess property in any other manner or at any other valuation. So, in this case, any agreement or understanding had between the bank and the assessor could in no manner bind the county or its board of equalisation, and has no place in the consideration of this case.
In the second place, the board of equalization is vested by law with the power and authority to equalize assessments and to direct and require the assessor to assess any taxable property that has escaped assessment, increase any valuation, or add to the amount, number, quantity or value of any property when a faulty, inaccurate, or incomplete list has been furnished or rendered. See. 1672, Rev. Codes, authorizes and directs the assessment of the shares of stock held by any person in any banking association located in this state, organized under the laws, either of the United States or of this state, subject, however, “to' all deductions allowed in the assessment of other moneyed capital, and subject to the restriction that taxation of such shares must not be at a greater
“All persons whose assessment is altered, modified, or affected in the amount of valuation of property charged to them, shall be notified by the clerk of said board, by letter deposited in the United States mail, postpaid and addressed to such person interested, at least ten days before the final action is taken in fixing and equalizing such assesment, of the day fixed when he may be heard upon the matters affecting the assessment of his property for taxation, which shall be on the fourth Monday in July of each year, or as soon thereafter as he can be heard or his matter be reached.”
Such proceeding is in conformity with the general rules of practice in acquiring jurisdiction before all judicial and quasi-judicial bodies. Notice is given to the party whose rights are to be affected, but it cannot be a general blanket notice but must specify the things proposed to be done. A simple notice that it is proposed to raise the assessed valuation of the taxpayer’s property would be very vague and uncertain, but a notice that it is proposed to raise the property $18 per share in valuation is specific. The taxpayer may be satisfied with the raise and not care to object or make any protest, but if it was proposed to raise him $50 per share, he might have objections to make; consequently, the law requires that he be notified of the proposed change and that if he has cause to show, he appear at a specified time and place to present his objections. That is just what was done in this case.
Under the provisions of see. 1701, Rev. Codes, the board is required to again meet on the fourth Monday in July for the purpose of hearing the objections that may be made by any party whose assessment is proposed to be changed, corrected, modified or altered in any respect. The provisions of that
There is still another reason, however, in this ease why the respondent is not in a position to complain of any lack or defect of notice, even if notice had not been given. After the first order was made for a raise in the assessment of the stock in respondent’s bank, the bank and its stockholders made a personal appearance before the board of equalization at the time and place designated and presented their protests and objections to the proposed raise. This was a waiver of notice, and served all the purposes that were intended to be accomplished by the issuance and service of the notice itself. (Moore v. Koubly, 1 Ida. 55 (58); Godfrey v. Douglass County, 28 Or. 446, 43 Pac. 171; O’Dell v. Rogers, 44 Wis. 136; Hayes v. Shattuck, 21 Cal. 52.)
At the hearing before the board of equalization, on the protest filed by the bank and its stockholders, an affidavit was filed by the president and cashier of the bank, in which it was shown that six of the stockholders, owning 637 shares of the capital stock, were entitled to an offset in the aggregate of $21,876.60 for unsecured debts due from such stockholders to bona fide residents of this state. The board declined to allow the deductions, and this action on the part of the board is urged here in support of the judgment of the district
Beading secs. 1682, 1683 and 1685 together, it seems that the legislature intended that every taxpayer shall list all “solvent debts” due him, and all deposits he may have in any bank together with all shares of stock he may hold in any national or other bank, and that he is entitled to a deduction from the total amount thereof in the sum of his “unsecured debts due to bona fide residents of this state.” This is emphasized by the affidavit on the list or statement which immediately precedes the blank spaces on the notice to be filled in with the names of the persons to whom the debts are due and the amounts thereof. This affidavit must be made by the taxpayer. It has reference to matters that are within his personal knowledge and deals with a personal claim and right that the taxpayer may set up. The object of requiring him to list his debts and the names of his creditors is for the purpose of enabling the officers to verify the truth of the statement and to subject the taxpayer to the pains and penalties of perjury if he swears falsely. While the bank is authorized and required to list the names of its stockholders and the number of shares held by each, it has no authority to claim the deductions to which the taxpayer is entitled. The information which the bank is required to furnish is within the knowledge of the bank and a matter
It is also contended by respondent that in assessing the capital stock of the bank to its stockholders, a reduction should have been made for the amount of money the bank had deposited in other banks outside the state. It was shown by the affidavit of the president that the bank had some $31,000 on deposit in banks outside of the state of Idaho, and a proportionate reduction in the valuation of the shares of stock was claimed on this account. There is no merit in this contention. Under the provisions both of sec. 5219 of the Rev. Stat. of the United States and see. 1672, Rev. Codes of this state, the shares of stock in any national banking association owned by nonresidents of the state must be taxed in the city or town where the bank is located, and not elsewhere. The capital and surplus of the bank is not assessed, and indeed none of the property of the bank except its real estate can be assessed against the bank. Without the permission of Congress the state could not assess such property, either in the hands of the bank or its stockholders, but under the grant to the states contained in sec. 5219, U. S. Rev. Stat., the state is permitted to tax the real estate of the bank against the bank and the shares of stock against the stockholders, subject to the proviso that such property shall never be assessed
Counsel have also argued the question of misjoinder' of parties in this case, but we do not think the point is well taken, and shall not further consider it in this opinion.
The judgment of the lower court will be affirmed as to that part of the order vacating the assessment of the furniture and fixtures of'the bank, and must be reversed as to that part of the order vacating and annulling the action of the board in raising the valuation of the capital stock of the bank. The judgment is reversed in the particular above mentioned, and the cause is remanded to the district court, with direction to the court to set aside and vacate the judgment in so far as it affects the action of the board of commissioners in raising the assessed valuation of the bank stock. Costs awarded in favor of .appellant.
Petition for rehearing denied.