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California Evidence Code

§ 524

EVID § 524 Effective Jan 1, 2011Div. 5 · Ch. 1 · Art. 2
(a)Notwithstanding any other provision of law, in a civil proceeding to which the State Board of Equalization is a party, that board shall have the burden of proof by clear and convincing evidence in sustaining its assertion of a penalty for intent to evade or fraud against a taxpayer, with respect to any factual issue relevant to ascertaining the liability of a taxpayer.
(b)Nothing in this section shall be construed to override any requirement for a taxpayer to substantiate any item on a return or claim filed with the State Board of Equalization.
(c)Nothing in this section shall subject a taxpayer to unreasonable search or access to records in violation of the United States Constitution, the California Constitution, or any other law.

Legislative history

Added by Stats. 2010, Ch. 168, Sec. 1. (AB 2195) Effective January 1, 2011.

Source: California Evidence Code § 524 from the California Legislative Information (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.