Utah Statutes

§ 59-1-604 — Burden of proof -- Decision of court.

Utah·Title 59 Revenue and Taxation·Ch. 59-1 General Taxation Policies·Part 59-1-6 Judicial Review
In proceedings of the district court under this part and on appeal therefrom, a preponderance of the evidence shall suffice to sustain the burden of proof. The burden of proof shall fall upon the parties seeking affirmative relief and the burden of going forward with the evidence shall shift as in other civil litigation. The district court shall render its decision in writing, including therein a concise statement of the facts found by the court and the conclusions of law reached by the court. The court may affirm, reverse, modify, or remand any order of the commission, and shall grant other relief, invoke such other remedies, and issue such orders, in accordance with its decision, as appropriate.

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Related

Salt Lake City Southern Railroad v. Utah State Tax Commission
1999 UT 90 (Utah Supreme Court, 1999)
8 case citations
Hercules Inc. v. Utah State Tax Commission
877 P.2d 169 (Court of Appeals of Utah, 1994)
4 case citations
Wal-Mart v. Tax Commission
2025 UT App 28 (Court of Appeals of Utah, 2025)

Legislative History

Amended by Chapter 326, 1998 General Session

Nearby Sections

15
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