Opinion

Harris County Appraisal District v. Liamaj Aviation, Inc.

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jan 29, 2004
Status
Published
Cited by
0 cases
Authority
More cited than 35.2%

The opinion

Opinion issued January 29, 2004

In The

Court of Appeals

For The

First District of Texas

NO. 01-02-01252-CV

____________

HARRIS COUNTY APPRAISAL DISTRICT AND

HARRIS COUNTY APPRAISAL REVIEW BOARD, Appellants

V.

LIAMAJ AVIATION, INC., Appellee

On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 2001-07226

MEMORANDUM OPINION

Appellants, Harris County Appraisal District (“HCAD”) and Harris County

Appraisal Review Board (“HCARB”), challenge a judgment, rendered upon an agreed

statement of facts, ordering that HCAD and HCARB correct the 1996 appraisal roll

to take into account interstate allocation for an airplane owned by appellee, Liamaj

Aviation, Inc. (“Liamaj”). We reverse the trial court’s judgment and render judgment

that Liamaj take nothing.

Facts

Liamaj is a Texas Corporation with its principal place of business in Houston.

During 1995, Liamaj owned a 1988 Gulfstream G-IV airplane, identified by tail

number 121JJ, and maintained it in hangar space at George Bush Intercontinental

Airport. The airplane had a taxable situs in Texas, but was operated inside and

outside of Texas.

When Liamaj rendered

its airplane for taxation for tax year 1996, HCAD

appraised the airplane without allocating

value for use of the airplane outside the

state of Texas. Liamaj did not protest the 1996 appraised value of its airplane.

On November 30, 2000, Liamaj filed a motion with HCARB requesting that

it correct the 1996 appraisal roll for the airplane pursuant to the Tax Code. See Tex.

Tax Code Ann . § 25.25(c)(3) (Vernon 2002). However, HCARB denied Liamaj’s

motion, and Liamaj sought judicial review in the district court.

Following a bench trial held upon an agreed statement of facts, the trial court

rendered judgment in favor of Liamaj and ordered HCAD and HCARB to correct the

1996 appraisal roll to take into account interstate allocation in the value of Liamaj’s

airplane.

Standard of Review

The case was tried pursuant to Texas Rule of Civil Procedure 263. See Tex.

R. Civ. P. 263. A case submitted under rule 263, like a special verdict, is a request

by the parties for judgment in accordance with the applicable law. See Chiles v.

Chubb Lloyds Ins. Co. , 858 S.W.2d 633, 634 (Tex. App.—Houston [1st Dist.] 1993,

writ denied). There are no presumed findings in favor of the judgment because the

trial court had no factual issues to resolve. See Stewart v. Hardie, 978 S.W.2d 203,

206 (Tex. App.—Fort Worth 1998, pet. denied). The only issue on appeal is whether

the trial court correctly applied the law to the agreed facts. Harris County Appraisal

Dist. v. Transamerica Container Leasing Inc., 920 S.W.2d 678, 680 (Tex.

App.—Houston [1st Dist.] 1995, writ denied). Because the issue is purely a question

of law, our review is de novo. Stewart , 978 S.W.2d at 206 .

Tax Code Section 25.25(c)(3) In their sole point of error, HCAD and HCARB argue that the trial court erred

in rendering judgment for Liamaj and ordering that the 1996 appraisal roll be

corrected to reflect interstate allocation for Liamaj’s aircraft. We agree.

This Court recently held that a prior year’s appraisal roll could not be corrected

pursuant to section 25.25(c)(3) to reflect previously unrequested interstate allocation

of property. Harris County Appraisal Dist. v. Tex. Gas Transmission Corp ., 105

S.W.3d 88, 98-99 (Tex. App.—Houston [1st Dist.] 2003, pet. filed). Accordingly, for

the reasons stated in Texas Gas Transmission , we hold that the trial court erred in

rendering judgment for Liamaj and ordering that the 1996 appraisal roll be corrected

to reflect interstate allocation for Liamaj’s aircraft .

We sustain HCAD’s and HCARB’s sole point of error.

Conclusion

We reverse the judgment of the trial court and render judgment that Liamaj take

nothing.

Terry Jennings

Justice

Panel consists of Chief Justice Radack and Justices Jennings and Higley.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.