77-2781. Tax Commissioner; proceedings; burden of proof; exceptions.

265 words·~1 min read·/ne/chapter-77/77-2781

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In any proceeding before the Tax Commissioner, the burden of proof shall be on the taxpayer except for the following issues, as to which the burden of proof shall be on the Tax Commissioner:

(1)Whether the taxpayer has been guilty of fraud with attempt to evade tax;

(2)Whether the petitioner is liable as the transferee of property of a taxpayer, but not to show that the taxpayer was liable for the tax;

(3)Whether the taxpayer is liable for any increase in a deficiency determination when such increase is asserted initially after the notice of deficiency determination was mailed and a protest petition under section 77-2778 filed, unless such increase in deficiency is the result of a change or correction of federal adjusted gross income, taxable income, or tax liability required to be reported under section 77-2775 and of which change or correction the Tax Commissioner had no notice at the time he or she mailed the notice of deficiency determination; or

(4)Whether the taxpayer or petitioner is liable for any penalty imposed under subsection

(7)or

(8)of section 77-2790 .

Taxpayers had the burden of proof to show they possessed the intent to abandon their Nebraska domicile and remain indefinitely in a foreign country. Houghton v. Nebraska Dept. of Rev., 308 Neb. 188, 953 N.W.2d 237 (2021).

A taxpayer need not provide the Tax Commissioner with the figures necessary to compute the tax in order to challenge a determination if the challenge is based upon an error of law. Kellogg Company v. Herrington, 216 Neb. 138, 343 N.W.2d 326 (1984).