dissenting.
The majority’s opinion holds the Commission erroneously imposed a burden of persuasion on IBM Credit rather than a burden of production, contrary to the express requirements of In re Southern Railway, 313 N.C. 177, 328 S.E.2d 235 (1985). The majority’s opinion argues the Commission impermissibly placed the burden of proof on IBM Credit. I disagree and vote to affirm the Commission’s final decision. I respectfully dissent.
I. Standard of Review
This Court reviews the Commission’s decision under the whole record test. The whole record test is not a tool of judicial intrusion and this Court only considers whether the Commission’s decision has a rational basis in the evidence. We may not substitute our judgment for that of the Commission even when reasonably conflicting views of the evidence exist.
In re Weaver Inv. Co., 165 N.C. App. 198, 201, 598 S.E.2d 591, 593 (emphasis supplied) (internal citations and quotations omitted), disc. rev. denied, 359 N.C. 188, 606 S.E.2d 695 (2004).
II. Burden on the Taxpayer
The majority’s opinion holds the Commission’s final decision impermissibly placed the burden of proof on IBM Credit by stating in their findings and conclusions: (1) “In order to rebut the presumption of correctness, the taxpayer must prove that Durham County used an arbitrary or illegal method of valuation and that the assessment of the subject property substantially exceeded the true value in money of the subject property;” (2) IBM Credit failed to show that use of the Department of Revenue’s Cost Index and Depreciation Schedules for computer and computer related equipment resulted in a valuation *230that substantially exceeded the trae value in money of the subject property for tax year 2001;” and (3) “IBM has the burden of establishing: 1. [t]he County employed an arbitrary or illegal method of appraisal, and 2. [t]he value assigned by the County Board was substantially greater than the true value in money of the property as of January 1 for the year at issue.” (Emphasis supplied).
The majority’s opinion asserts the words, “must prove,” “failed to show,” and “burden of establishing,” charged IBM Credit with and increased the burden of persuasion. I disagree.
Our Supreme Court has held it is “a sound and a fundamental principle of law in this State that ad valorem tax assessments are presumed to be correct.” In re Appeal of AMP, Inc., 287 N.C. 547, 562, 215 S.E.2d 752, 761 (1975). “As a result of this presumption, when such assessments are attacked or challenged, the burden of proof is on the taxpayer to show that the assessment was erroneous.” Id. at 562, 215 S.E.2d at 762 (emphasis supplied).
[T]o rebut this presumption [the taxpayer] must produce competent, material and substantial evidence that tends to show that: (1) Either the county tax supervisor used an arbitrary method of valuation; or (2) the county tax supervisor used an illegal method of valuation; and (3) the assessment substantially exceeded the true value in money of the property.
Id. at 563, 215 S.E.2d at 762 (emphasis supplied) (internal quotations omitted).
The standard articulated in In re Appeal of AMP, Inc. places the burden of proof upon the taxpayer “to show” that the assessment was erroneous. The word “show” is defined as “[t]o make (facts, etc.) apparent or clear by evidence; to prove." Black’s Law Dictionary (8th ed. 2004) (emphasis supplied). Following this definition, the AMP standard could be read as “the burden is on the taxpayer to prove that the assessment was erroneous” and the “taxpayer must produce evidence that tends to prove" the essential factors needed.
Our Supreme Court has used similar language to the Commission’s findings and conclusions in articulating the AMP standard. In In re McElwee, our Supreme Court stated, “the taxpayer has the burden of showing that the assessment was erroneous.” 304 N.C. 68, 72, 283 S.E.2d 115, 120 (1981) (emphasis supplied).
[T]he presumption is that the county acted with regularity in the valuation process, and the burden is upon the taxpayer to show *231otherwise. At this point, the taxpayer must show by competent, material and substantial evidence that one of the first two tests enunciated in Amp has not been met, i.e., either that the county employed an arbitrary or an illegal method of valuation.
Id. at 86, 283 S.E.2d at 126 (emphasis supplied).
In its final decision, the Commission used substantially similar language to that enunciated by our Supreme Court to place the burden on the taxpayer 'to overcome the presumption that the assessment by the Commission was lawful, correct, and not arbitrary. The Commission did not impermissibly shift the burden of persuasion and properly held IBM Credit failed to overcome the presumption of correctness of Durham County’s valuation. The final decision should be affirmed.
III. Presumption of Correctness
IBM Credit argues the Commission erred by concluding it did not produce competent, material, and substantial evidence to show Durham County employed an arbitrary or illegal method of valuation to determine the value of the property and the assessment substantially exceeded the true value in money of the property. I disagree.
“The North Carolina General Assembly has adopted market value or true value in money as the uniform appraisal standard for valuation of property for tax purposes.” Electric Membership Corp. v. Alexander, 282 N.C. 402, 408-09, 192 S.E.2d 811, 816 (1972) (internal citations and quotations omitted).
N.C. Gen. Stat. § 105-283 (2005), in relevant part, states:
All property, real and personal, shall as far as practicable be appraised or valued at its true value in money. When used in this Subchapter, the words “true value” shall be interpreted as meaning market value, that is, the price estimated in terms of money at which the property would change hands between a willing and financially able buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of all the uses to which the property is adapted and for which it is capable of being used.
IBM Credit argues Durham County’s use of the North Carolina Department of Revenue U-5 Schedule for valuation of their property was illegal because Durham County did not determine actual marketplace value as required by the statute.
*232As discussed above, “ [A] d valorem tax assessments are presumed to be correct. As a result of this presumption, when such assessments are attacked or challenged, the burden of proof is on the taxpayer to show that the assessment was erroneous.” In re Appeal of AMP, Inc., 287 N.C. at 562, 215 S.E.2d at 761-62.
The purpose underlying this presumption of correctness arises out of the obvious futility of allowing a taxpayer to fix the final value of his property for purposes of ad valorem taxation. If the presumption did not attach, then every taxpayer would have unlimited freedom to challenge the valuation placed upon his property, regardless of the merit of such challenge.
Id. at 563, 215 S.E.2d 762 (internal citations omitted). To overcome this presumption, the taxpayer must “produce competent, material and substantial evidence that tends to show that: (1) Either the county tax supervisor used an arbitrary method of valuation; or (2) the county tax supervisor used an illegal method of valuation; and (3) the assessment substantially exceeded the true value in money of the property.” Id. at 563, 215 S.E.2d at 762. “[It] is the function of the [Commission] to determine the weight and sufficiency of the evidence and the credibility of the witnesses, to draw inferences from the facts, and to appraise conflicting and circumstantial evidence.” In re McElwee, 304 N.C. at 87, 283 S.E.2d at 126-27. This Court “cannot substitute [its] judgment for that of the agency when the evidence is conflicting.” Id.
IV. Conclusion
It is incumbent upon IBM Credit to “show” or prove to the Commission that Durham County’s valuation of its property was not equivalent to the actual value or true value of the property. In re Appeal of AMP, Inc., 287 N.C. at 563, 215 S.E.2d at 762. The Commission found IBM Credit presented no credible evidence of the actual fair market value of its property.
The Commission correctly held that IBM Credit failed to present evidence to show ánd overcome the presumption of correctness and affirmed Durham County’s valuation. The presumption exists to prevent taxpayers from setting their own values to reduce their tax liability, which “increases the tax burden borne by others.” In re Appeal of Worley, 93 N.C. App. 191, 195, 377 S.E.2d 270, 273 (1989). In light of IBM Credit’s failure to overcome the presumption of correctness, no burden was shifted to Durham County. The Commission’s final decision should be affirmed. I respectfully dissent.