59-5-111. Condition precedent to judicial review.
192 words·~1 min read·
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59-5-111. Condition precedent to judicial review.
(1)Before seeking judicial review, the taxpayer shall deposit with the commission the full amount of taxes, interest, and other charges audited and stated in the decision of the commission.
(a)If the party appealing executes an undertaking meeting the requirements of Subsection (2)(b) , the party is not required to pay the taxes, interest, and other charges as a condition precedent to obtaining judicial review.
(b)The taxpayer shall file an undertaking with the commission in the amount and with the surety approved by the commission.
(c)The undertaking shall provide that, if the appeal is dismissed or the decision of the commission is affirmed, the party appealing will pay all costs and charges that may accrue against the party in the prosecution of the case.
(d)At the option of the party appealing, the undertaking may be in a sum sufficient to cover the taxes, interest, and other charges, audited or stated in the decision, plus the costs or charges that may accrue against the party appealing in the prosecution of the case.
Repealed and Re-enacted by Chapter 4 , 1988 General Session