25-A-74 - Jeopardy assessment.
§ 74. Jeopardy assessment.--(a) Authority for making.--If the administrator believes that the assessment or collection of a deficiency will be jeopardized by delay, he shall, notwithstanding the provisions of sections sixty-one and seventy-six, immediately assess such deficiency (together with all interest, penalties and additions to tax provided for by law), and notice and demand shall be made by the administrator for the payment thereof. (b) Notice of deficiency.--If the jeopardy assessment is made before any notice in respect of the tax to which the jeopardy assessment relates has been mailed under section sixty-one, then the administrator shall mail a notice under such section within sixty days after the making of the assessment. (c) Amount assessable before decision of administrator.--The jeopardy assessment may be made in respect of a deficiency greater or less than that of which notice is mailed to the taxpayer and whether or not the taxpayer has theretofore filed a petition with the administrator. The administrator may, at any time before rendering his decision, abate such assessment, or any unpaid portion thereof, to the extent that he believes the assessment to be excessive in amount. The administrator may in his decision redetermine the entire amount of the deficiency and of all amounts assessed at the same time in connection therewith. (d) Amount assessable after decision of administrator.--If the jeopardy assessment is made after the decision of the administrator is rendered, such assessment may be made only in respect of the deficiency determined by the administrator in his decision. (e) Expiration of right to assess.--A jeopardy assessment may not be made after the decision of the administrator has become final or after the taxpayer has made an an application for review of the decision of the administrator. (f) Collection of unpaid amounts.--When a petition has been filed with the administrator and when the amount which should have been assessed has been determined by a decision of the administrator which has become final, then any unpaid portion, the collection of which has been stayed by bond, shall be collected as part of the tax upon notice and demand from the administrator, and any remaining portion of the assessment shall be abated. If the amount already collected exceeds the amount determined as the amount which should have been assessed, such excess shall be credited or refunded to the taxpayer as provided in section sixty-six without the filing of claim therefor. If the amount determined as the amount which should have been assessed is greater than the amount actually assessed, then the difference shall be assessed and shall be collected as part of the tax upon notice and demand from the administrator. (g) Abatement if jeopardy does not exist.--The administrator may abate the jeopardy assessment if he finds that jeopardy does not exist. Such abatement may not be made after a decision of the administrator in respect of the deficiency has been rendered or, if no petition is filed with the administrator, after the expiration of the period for filing such petition. The period of limitation on the making of assessments and levy or a proceeding for collection, in respect of any deficiency, shall be determined as if the jeopardy assessment so abated had not been made, except that the running of such period shall in any event be suspended for the period from the date of such jeopardy assessment until the expiration of the tenth day after the day on which such jeopardy assessment is abated. (h) Bond to stay collection.--The collection of the whole or any amount of any jeopardy assessment may be stayed by filing with the administrator, within such time as may be fixed by regulation, a bond inan amount equal to the amount as to which the stay is desired, conditioned upon the payment of the amount (together with interest thereon) the collection of which is stayed at the time at which, but for the making of the jeopardy assessment, such amount would be due. Upon the filing of the bond the collection of so much of the amount assessed as is covered by the bond shall be stayed. The taxpayer shall have the right to waive such stay at any time in respect of the whole or any part of the amount covered by the bond, and if as a result of such waiver any part of the amount covered by the bond is paid, then the bond shall at the request of the taxpayer, be proportionately reduced. If any portion of the jeopardy assessment is abated, or if a notice of deficiency under section sixty-one is mailed to the taxpayer in a lesser amount, the bond shall, at the request of the taxpayer, be proportionately reduced. (i) Petition to administrator.--If the bond is given before the taxpayer has filed his petition under section sixty-nine, the bond shall contain a further condition that if a petition is not filed within the period provided in such section, then the amount, the collection of which is stayed by the bond, will be paid on notice and demand at any time after the expiration of such period, together with interest thereon from the date of the jeopardy notice and demand to the date of notice and demand under this subdivision. The bond shall be conditioned upon the payment of so much of such assessment (collection of which is stayed by the bond) as is not abated by a decision of the administrator which has become final. If the administrator determines that the amount assessed is greater than the amount which should have been assessed, then the bond shall, at the request of the taxpayer, be proportionately reduced when the decision of the administrator is rendered. (j) Stay of sale of seized property pending administrators decision.--Where a jeopardy assessment is made, the property seized for the collection of the tax shall not be sold-- (1) if subdivision (b) is applicable, prior to the issuance of the notice of deficiency and the expiration of the time provided in section sixty-nine for filing a petition with the administrator, and (2) if a petition is filed with the administrator (whether before or after the making of such jeopardy assessment), prior to the expiration of the period during which the assessment of the deficiency would be prohibited if subdivision (a) were not applicable. Such property may be sold if the taxpayer consents to the sale, or if the administrator determines that the expenses of conservation and maintenance will greatly reduce the net proceeds, or if the property is perishable. (k) Interest.--For the purpose of subdivision (a) of section sixty-four, the last date prescribed for payment shall be determined without regard to any notice and demand for payment issued under this section prior to the last date otherwise prescribed for such payment. (l) Early termination of taxable year.--If the administrator finds that a taxpayer designs quickly to depart from this state or to remove his property therefrom, or to conceal himself or his property therein, or to do any other act tending to prejudice or to render wholly or partly ineffectual proceedings to collect the income tax for the current or the preceding taxable year unless such proceedings be brought without delay, the administrator shall declare the taxable period for such taxpayer immediately terminated, and shall cause notice of such finding and declaration to be given the taxpayer, together with a demand for immediate payment of the tax for the taxable period so declared terminated and of the tax for the preceding taxable year or so much of such tax as is unpaid, whether or not the time otherwise allowed by law for filing return and paying the tax has expired; and such taxes shallthereupon become immediately due and payable. In any proceeding brought to enforce payment of taxes made due and payable by virtue of the provisions of this subdivision, the finding of the administrator made as herein provided, whether made after notice to the taxpayer or not, shall be for all purposes presumptive evidence of jeopardy. (m) Reopening of taxable period.--Notwithstanding the termination of the taxable period of the taxpayer by the administrator as provided in subdivision (l), the administrator may reopen such taxable period each time the taxpayer is found by the administrator to have received income, within the current taxable year, since the termination of such period. A taxable period so terminated by the administrator may be reopened by the taxpayer if he files with the administrator a true and accurate return of taxable income and credits allowed under this local law for such taxable period, together with such other information as the administrator may by regulations prescribe. (n) Furnishing of bond where taxable year is closed by the administrator.--Payment of taxes shall not be enforced by any proceedings under the provisions of subdivision (l) prior to the expiration of the time otherwise allowed for paying such taxes if the taxpayer furnishes, under regulations prescribed by the administrator, a bond to insure the timely making of returns with respect to, and payment of, such taxes or any income taxes for prior years.