LD 782
pg. 8
Page 7 of 8 An Act To Require the Payment of Certain Costs Incurred by a Prevailing Party i... LD 782 Title Page
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LR 83
Item 1

 
be incorporated as a part of the decision or judgment in the
court proceeding and is subject to appeal in the same manner as
the decision or judgment.

 
2.__Administrative proceedings.__A decision granting or
denying, in whole or in part, an award for reasonable
administrative costs by the bureau is subject to the filing of
a petition for review with the Superior Court under the same
conditions as the review allowed under section 151.__If the
bureau sends by certified or registered mail a notice of such
decision to the petitioner, a proceeding in the Superior Court
may not be initiated under this subsection unless the petition
is filed before the 91st day after the date of the mailing.

 
SUMMARY

 
This bill allows a taxpayer who disputes a tax owed to the
State and who prevails in either an administrative hearing
before the Department of Administrative and Financial
Services, Bureau of Revenue Services or in the Superior Court
or Supreme Judicial Court to be awarded reasonable litigation
and administrative costs, including attorney's fees, expert
witness fees and court costs. The bill applies to both
individuals and businesses and to all taxes due to the State.
This bill is modeled on federal law.


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