LD 782
pg. 3
Page 2 of 8 An Act To Require the Payment of Certain Costs Incurred by a Prevailing Party i... Page 4 of 8
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LR 83
Item 1

 
8.__Prevailing party.__"Prevailing party" means a party in a
proceeding to which this chapter applies, other than the
United States, the State or the bureau or any creditor of the
taxpayer involved, who meets the requirements of section 107
and who has substantially prevailed with respect to the amount
in controversy or the most significant issue or set of issues
presented.

 
9.__Qualified offer.__"Qualified offer" means a written
offer that:

 
A.__Is made by the taxpayer to the State during the
qualified offer period;

 
B.__Specifies the offered amount of the taxpayer's
liability, determined without regard to interest;

 
C.__Is designated at the time it is made as a qualified
offer for purposes of this chapter; and

 
D.__Remains open during the period beginning on the date
it is made and ending on the earliest of:

 
(1)__The date the offer is rejected;

 
(2)__The date the trial begins; or

 
(3)__The 90th day after the date the offer is made.

 
10.__Qualified offer period.__"Qualified offer period" means
the period:

 
A.__Beginning on the date on which the first letter of
proposed deficiency that allows the taxpayer an
opportunity for administrative review by the assessor is
sent; and

 
B.__Ending on the date that is 30 days before the date the
case is first set for trial.

 
11.__Reasonable administrative costs.__"Reasonable
administrative costs" includes the costs as described in this
subsection.

 
A.__"Reasonable administrative costs" includes:

 
(1)__Any administrative fee or similar charge imposed
by the bureau; and

 
(2)__Based upon prevailing market rates for the kind
or quality of services furnished:


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