Added by Stats. 2010, Ch. 168, Sec. 1. (AB 2195) Effective January 1, 2011.
(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.
(d)For purposes of this section, “taxpayer” includes a person on whom fees administered by the State Board of Equalization are imposed.
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