§ 26-18-406 - Judicial relief.
               	 		
26-18-406.    Judicial relief.
    (a)  After  the issuance and service on the taxpayer of the final assessment of a  deficiency in tax that is not protested by the taxpayer under     26-18-403 or a final determination of the hearing officer or the  Director of the Department of Finance and Administration under     26-18-405, a taxpayer may seek judicial relief from the final  determination or assessment by:
      (1)    (A)  Paying  the entire amount of state tax due for any taxable period or periods  covered by the final assessment within one (1) year of the date of the  final assessment and filing suit to recover that amount within one (1)  year of the date of payment.
            (B)  The  director may proceed with collection activities including the filing of  a certificate of indebtedness as authorized under    26-18-701 within  thirty (30) days of the issuance of the final assessment for any  assessed but unpaid state taxes, penalties, or interest owed by the  taxpayer for other taxable periods covered by the final assessment while  the suit for refund is being pursued by the taxpayer for other taxable  periods covered by the final assessment;
      (2)    (A)  Filing  with the director a bond in double the amount of the tax deficiency due  within thirty (30) days of the issuance and service on the taxpayer of  the final assessment and by filing suit within thirty (30) days  thereafter to stay the effect of the director's determination.
            (B)  The bond shall be subject to the conditions that the taxpayer shall:
                  (i)  File suit within thirty (30) days after filing the bond;
                  (ii)  Faithfully and diligently prosecute the suit to a final determination; and
                  (iii)  Pay any deficiency found by the court to be due and pay any court cost assessed against him or her.
            (C)  A  taxpayer's failure to file suit, diligently prosecute the suit, or pay  any tax deficiency and court costs, as required by subdivision (a)(2)(B)  of this section, shall result in the forfeiture of the bond in the  amount of the assessment and assessed court costs; or
      (3)  Filing  suit to recover assessed tax, penalty, and interest paid prior to the  time for issuance of the final assessment within one (1) year of the  date of the final determination of the hearing officer or the director  under    26-18-405.
(b)  A taxpayer  may seek judicial relief from a final determination denying a claim for  refund by filing suit to recover the amount claimed within one (1) year  from the mailing of the denial of the director under    26-18-507, or a  final determination of the hearing officer or the director under     26-18-405, whichever is later.
(c)    (1)  Jurisdiction  for a suit to contest a determination of the director under this  section shall be in the Pulaski County Circuit Court or the circuit  court of the county in which the taxpayer resides or has his or her  principal place of business, where the matter shall be tried de novo.
      (2)  An appeal will lie from the circuit court to the Supreme Court, as in other cases provided by law.
      (3)  A  presumption of correctness or weight of authority will not attach to a  determination of the director in a trial de novo or an appeal under this  section.
(d)    (1)  The  methods provided in this section shall be the sole alternative methods  for seeking relief from a written decision of the director establishing a  deficiency in tax or disallowing a claim for refund.
      (2)  No injunction shall issue to stay proceedings for assessment or collection of any taxes levied under any state tax law.
(e)    (1)  In any court proceeding under this section, the prevailing party may be awarded a judgment for court costs.
      (2)  A  judgment of court costs entered by the court in favor of either party  shall be treated, for purposes of this chapter, in the same manner as an  overpayment or deficiency of tax, except that no interest or penalty  shall be allowed or assessed with respect to any judgment for court  costs.
(f)  If a taxpayer pays the  tax, penalty, and interest assessed under    26-18-403 and does not  request administrative relief according to    26-18-404, then:
      (1)  The  taxpayer may seek judicial relief from the assessment only if the  taxpayer files suit in circuit court within one (1) year from the date  of payment of the assessment; and
      (2)  The provisions of    26-18-507 shall not apply to the payments.