No determination of the actual value of any taxable personal property made by the assessor shall be rendered invalid by reason of his failure to secure or receive the personal property schedule required to be completed and returned to him prior to his determination of such value.
Source: L. 64: R&RE, p. 702, § 1. C.R.S. 1963: § 137-5-18.
ANNOTATION
Statute did not unconstitutionally violate taxpayers' due process rights where the statutory scheme provided a protest procedure which the taxpayers choose to forego and the taxpayers own actions, not those of any governmental entity, have allegedly deprived the taxpayers of their property. Prop. Tax Adm'r v. Prod. Geophysical, 860 P.2d 514 (Colo. 1993).
The purpose of this section is to prevent an invalidation of an assessment solely on the ground that a taxpayer has failed to return a property tax schedule or that the assessor, for any other reason, has failed to receive the schedule. Prop. Tax Adm'r v. Bd. of Assessment Appeals, 837 P.2d 244 (Colo. App. 1992).
Challenges based on overvaluation. Although taxpayers challenged the amount of taxes assessed as excessive, this was not an "overvaluation" as the term is used in § 39-10-114 because, due to the taxpayers' wrongful inaction, the assessor's BIA valuations are presumed to be valid. Therefore, for purposes of § 39-10-114, the assessor's valuation cannot be considered an overvaluation, and § 39-10-114 may not be asserted by a taxpayer to avoid the provisions of this section and the protest procedure under § 39-5-122. Prop. Tax Adm'r v. Prod. Geophysical, 860 P.2d 514 (Colo. 1993).