Burden of proof -- Statutory construction

# (1)

In a proceeding before the commission, the burden of proof is on the petitioner except for determining the following, in which the burden of proof is on the commission:

# (a)

whether the petitioner committed fraud with intent to evade a tax, fee, or charge;

# (b)

whether the petitioner is obligated as the transferee of property of the person that originally owes a liability or a preceding transferee, but not to show that the person that originally owes a liability is obligated for the liability; and

# (c)

whether the petitioner is liable for an increase in a deficiency if the increase is asserted initially after a notice of deficiency is mailed in accordance with Section 59-1-1405 and a petition under Part 5, Petitions for Redetermination of Deficiencies, is filed, unless the increase in the deficiency is the result of a change or correction of federal taxable income:

(i) required to be reported; and

(ii) of which the commission has no notice at the time the commission mails the notice of deficiency.

# (2)

Regardless of whether a taxpayer has paid or remitted a tax, fee, or charge, the commission or a court considering a case involving the tax, fee, or charge shall:

# (a)

construe a statute imposing the tax, fee, or charge strictly in favor of the taxpayer; and

# (b)

construe a statute providing an exemption from or credit against the tax, fee, or charge strictly against the taxpayer.