40071-40079

REVENUE AND TAXATION CODE
SECTION 40071-40079




40071.  If the board is not satisfied with return or returns of the
surcharge or the amount of surcharge required to be paid to the state
by any person, it may compute and determine the amount required to
be paid upon the basis of the facts contained in the return or
returns or upon the basis of any information within its possession or
that may come into its possession. One or more deficiency
determinations may be made of the amount payable for one or for more
than one period.



40072.  The amount of the determination, exclusive of penalties,
shall bear interest at the modified adjusted rate per month, or
fraction thereof, established pursuant to Section 6591.5, from the
last day of the month following the quarterly period for which the
amount or any portion thereof should have been returned until the day
of payment.



40073.  In making a determination the board may offset overpayments
for a period or periods, together with interest on the overpayments,
against underpayments for another period or periods, against
penalties, and against the interest on the underpayments.




40074.  If any part of the deficiency for which a deficiency
determination is made is due to negligence or intentional disregard
of this part or authorized rules and regulations, a penalty of 10
percent of the amount of the determination shall be added thereto.




40075.  If any part of the deficiency for which a deficiency
determination is made is due to fraud or an intent to evade this part
or authorized rules and regulations, a penalty of 25 percent of the
amount of the determintion shall be added thereto.




40076.  The board shall give to the electric utility or person
consuming electrical energy written notice of its determination. The
notice shall be placed in a sealed envelope with postage paid
addressed to the electric utility or person consuming electrical
energy at his address as it appears in the records of the board. The
giving of notice shall be deemed complete at the time of the deposit
of the notice in the United States Post Office, or a mailbox,
sub-post office, substation or mail chute or other facility regularly
maintained or provided by the United States Postal Service, without
extension of time for any reason. In lieu of mailing a notice may be
served personally by delivering to the person to be served and
service shall be deemed complete at the time of such delivery.
Personal service to a corporation may be made by delivery of a notice
to any person designated in the Code of Civil Procedure to be served
for the corporation with summons and complaint in a civil action.



40077.  Except in the case of fraud, intent to evade this part or
authorized rules and regulations, or failure to make a return every
notice of a deficiency determination shall be mailed within three
years after the last day of the calendar month following the
quarterly period for which the amount is proposed to be determined or
within three years after the return is filed, whichever period
expires the later. In the case of failure to make a return, every
notice of determination shall be mailed within eight years after the
last day of the calendar month following the quarterly period for
which the amount is proposed to be determined.




40078.  In the case of a deficiency arising under this part during
the lifetime of a decedent, a notice of deficiency determination
shall be mailed within four months after written request therefor, in
the form required by the board, by the fiduciary of the estate or
trust or by any other person liable for the surcharge or any portion
thereof.



40079.  If, before the expiration of the time prescribed in Section
40077 for the mailing of a notice of deficiency determination, the
taxpayer has consented in writing to the mailing of the notice after
such time, the notice may be mailed at any time prior to the
expiration of the period agreed upon. The period so agreed upon may
be extended by subsequent agreements in writing made before the
expiration of the period previously agreed upon.