Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2011
 

Revenue and Taxation Code

Other Taxes

Part 6. Private Railroad Car Tax

Chapter 2. Assessments

Article 4. Estimated and Escaped Assessments

Section 11315

11315. Assessment of escaped property. If any property required to be assessed for any year wholly escapes assessment or escapes assessment in part due to the board's underassessing the property because of failure of the taxpayer to report the property accurately, the board shall immediately assess or reassess the property upon the discovery of the escape.

History.—Stats. 1945, p. 1002, in effect September 15, 1945, deleted "immediately" before "assess" and substituted "first" for "third." Stats. 1974, Ch. 54, p. 118, in effect January 1, 1975, substituted "for any year wholly escapes assessment or escapes assessment in part due to the board's underassessing the property because of failure of the taxpayer to report the property accurately" for "escapes assessment for any year", added "immediately" after "shall", and substituted the balance of the first sentence after "assess" for "the property when it is discovered"; and deleted the former last sentence regarding the inclusion of such an assessment among assessments to be completed.

Construction.—Escape assessments were properly levied under this section against a lessor of railroad flatcars after the Board determined that the lessor's claim of functional obsolescence pertaining to those cars was unjustified. The section does not require reappraisal of a taxpayer's entire fleet of railcars, only an appraisal of the portion of the fleet that escaped assessment. Trailer Train Company v. State Board of Equalization, 180 Cal.App.3d 565.