| Abstract [eng] |
The master paper “Burden of proof among tax administrator and taxpayer in tax law” reveals conception of averment comparing different legal proceedings, conception and establishment of burden of proof among parties in tax disputes. While estimating the regulation of averment institute, Tax Administration law is systematically compared with other Lithuanian laws. There is also reviewed some practical problems in before-the-trial and court proceedings, evaluation of different types of evidentiary material, the moment of presenting evidence and shifting the burden of proof among tax administrator and taxpayer. In addition, lots of attention is paying to the practice of foreign countries like USA, European Union countries. How the burden of proof shifts in tax disputes in Portugal, Netherlands, France or Germany? What is the regulation and exceptions in different laws? It is useful to compare other practice and apply some beneficial aspects in Lithuanian tax law. While making analysis and looking over the regulation of burden of proof among parties in tax disputes, in this master paper the ways of solving problems is emphasized. Inconsequent court practise and the lack of regulation in tax law are the most problematic fields, requiring lots of changes. |
