South Dakota Statutes

§ 10-59-34 — Costs paid by losing party if position not justified.

South Dakota § 10-59-34
JurisdictionSouth Dakota
Title 10TAXATION
Ch. 10-57UNIFORM ADMINISTRATION OF CERTAIN STATE TAXES

This text of South Dakota § 10-59-34 (Costs paid by losing party if position not justified.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 10-59-34 (2026).

Text

If a court determines that the losing party has taken a position in an audit, hearing or appeal that was not substantially justified, the losing party shall reimburse the other party for all court costs and attorney fees associated with the hearing or appeal. The department's reimbursable costs are limited to nonemployee costs.

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Related

Farmer v. South Dakota Department of Revenue & Regulation
2010 SD 35 (South Dakota Supreme Court, 2010)
14 case citations
Northern States Power Co. v. South Dakota Department of Revenue
1998 SD 57 (South Dakota Supreme Court, 1998)
11 case citations
Northern States Power Co. v. SD Dept. of Revenue
1998 SD 57 (South Dakota Supreme Court, 1998)

Legislative History

SL 1992, ch 102, § 1.

Nearby Sections

15
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Bluebook (online)
South Dakota § 10-59-34, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/10-59-34.