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§ 26-18-406 - Judicial relief.

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26-18-406.Judicial relief.(a)Afterthe issuance and service on the taxpayer of the final assessment of adeficiency in tax that is not protested by the taxpayer under 26-18-403 or a final determination of the hearing officer or theDirector of the Department of Finance and Administration under 26-18-405, a taxpayer may seek judicial relief from the finaldetermination or assessment by:(1)(A)Payingthe entire amount of state tax due for any taxable period or periodscovered by the final assessment within one (1) year of the date of thefinal assessment and filing suit to recover that amount within one (1)year of the date of payment.(B)Thedirector may proceed with collection activities including the filing ofa certificate of indebtedness as authorized under26-18-701 withinthirty (30) days of the issuance of the final assessment for anyassessed but unpaid state taxes, penalties, or interest owed by thetaxpayer for other taxable periods covered by the final assessment whilethe suit for refund is being pursued by the taxpayer for other taxableperiods covered by the final assessment;(2)(A)Filingwith the director a bond in double the amount of the tax deficiency duewithin thirty (30) days of the issuance and service on the taxpayer ofthe final assessment and by filing suit within thirty (30) daysthereafter 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)Ataxpayer's failure to file suit, diligently prosecute the suit, or payany tax deficiency and court costs, as required by subdivision (a)(2)(B)of this section, shall result in the forfeiture of the bond in theamount of the assessment and assessed court costs; or(3)Filingsuit to recover assessed tax, penalty, and interest paid prior to thetime for issuance of the final assessment within one (1) year of thedate of the final determination of the hearing officer or the directorunder26-18-405.(b)A taxpayermay seek judicial relief from a final determination denying a claim forrefund by filing suit to recover the amount claimed within one (1) yearfrom the mailing of the denial of the director under26-18-507, or afinal determination of the hearing officer or the director under 26-18-405, whichever is later.(c)(1)Jurisdictionfor a suit to contest a determination of the director under thissection shall be in the Pulaski County Circuit Court or the circuitcourt of the county in which the taxpayer resides or has his or herprincipal 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)Apresumption of correctness or weight of authority will not attach to adetermination of the director in a trial de novo or an appeal under thissection.(d)(1)Themethods provided in this section shall be the sole alternative methodsfor seeking relief from a written decision of the director establishing adeficiency 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)Ajudgment of court costs entered by the court in favor of either partyshall be treated, for purposes of this chapter, in the same manner as anoverpayment or deficiency of tax, except that no interest or penaltyshall be allowed or assessed with respect to any judgment for courtcosts.(f)If a taxpayer pays thetax, penalty, and interest assessed under26-18-403 and does notrequest administrative relief according to26-18-404, then:(1)Thetaxpayer may seek judicial relief from the assessment only if thetaxpayer files suit in circuit court within one (1) year from the dateof payment of the assessment; and(2)The provisions of26-18-507 shall not apply to the payments.
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  • 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.

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