Connecticut 2011 Regular Session

Connecticut Senate Bill SB01213 Compare Versions

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11 General Assembly Raised Bill No. 1213
22 January Session, 2011 LCO No. 4861
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44 Referred to Committee on Finance, Revenue and Bonding
55 Introduced by:
66 (FIN)
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88 General Assembly
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1010 Raised Bill No. 1213
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1212 January Session, 2011
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1414 LCO No. 4861
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16+*04861_______FIN*
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1818 Referred to Committee on Finance, Revenue and Bonding
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2020 Introduced by:
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2222 (FIN)
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2424 AN ACT CONCERNING THE BURDEN OF PROOF IN TAX APPEALS.
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2626 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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2828 Section 1. Section 12-39l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011, and applicable to any tax appeal filed on or after said date):
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3030 (a) Except as otherwise provided by statute, "tax appeal" means an appeal from an order, decision, determination or disallowance of the Commissioner of Revenue Services; an appeal that may be taken from a decree of a court of probate under subsection (b) of section 12-359, subsection (b) of section 12-367 or under subsection (b) of section 12-395; an appeal from any order, decision, determination or disallowance of the Secretary of the Office of Policy and Management pursuant to sections 12-242gg to 12-242nn, inclusive; and an appeal that may be taken from a decision of the Penalty Review Committee under subsection (d) of section 12-3a.
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3232 (b) Except as otherwise specifically provided by statute, the burden upon a taxpayer of proving questions of fact in any tax appeal shall be by a preponderance of the evidence.
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3434 [(b)] (c) The Chief Court Administrator shall appoint two judges of the Superior Court to hear tax appeals. If practicable, the judges shall hear the appeals for not less than eighteen months. The appeals may be heard at the judicial district that the Chief Court Administrator deems appropriate.
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3636 [(c)] (d) The Chief Court Administrator shall adopt the policies and procedures necessary to implement the provisions of this section.
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4141 This act shall take effect as follows and shall amend the following sections:
4242 Section 1 July 1, 2011, and applicable to any tax appeal filed on or after said date 12-39l
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4444 This act shall take effect as follows and shall amend the following sections:
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4646 Section 1
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4848 July 1, 2011, and applicable to any tax appeal filed on or after said date
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5050 12-39l
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52+Statement of Purpose:
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54+To set the standard of proof required in tax appeals.
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54-FIN Joint Favorable
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56-FIN
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58-Joint Favorable
56+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]