                                 CODE OF VIRGINIA

APPEAL OF COMMISSIONER&#8217;S DECISIONS (§ 58.1-2282)

A. Any person against whom an assessment, order or decision of the Commissioner
has been adversely rendered, which assessment, order, or decision relates to the
collection of unreported, incorrectly or fraudulently reported taxes, the
granting or canceling of a license, the filing of a bond, an increase in the
amount of a bond, a change of surety on a bond, the filing of reports, the
examination of records, or any other matter wherein the findings are in the
discretion of the Commissioner, may, within 30 days from the date thereof, file
a petition of appeal from such assessment, order, or decision, in the circuit
court in the city or county wherein such person resides, provided that any
petition for a refund for taxes timely paid shall be filed within one year of
the date of payment. A copy of the petition shall be sent to the Commissioner at
the time of the filing with the court. The original shall show, by certificate,
the date of mailing such copy to the Commissioner.

B. In any proceeding under this section, the assessments by the Commissioner
shall be presumed correct. The burden of proof shall be upon the petitioner to
show that the assessment was incorrect and contrary to law. The circuit court is
authorized to enter judgment against such person for the taxes, penalty, and
interest due. The failure by any such person to appeal under the provisions of
this section within the time period specified shall render the assessment,
order, or decision of the Commissioner conclusively valid and binding upon such
person. Such person or the Commissioner may appeal from the final decision of
the circuit court to the Court of Appeals.

HISTORY: 2000, cc. 729, 758; 2021, Sp. Sess. I, c. 489.