State Codes and Statutes

Statutes > New-york > Tax > Article-27 > 1094

§  1094. Jeopardy assessment.---(a) Authority for making.---If the tax  commission believes that the assessment or collection  of  a  deficiency  will  be  jeopardized by delay, it shall, notwithstanding the provisions  of section one thousand eighty-one, 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 tax commission 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 one thousand eighty-one, then  the  tax  commission shall mail a notice under such section within sixty days  after the making of the assessment.    (c)  Amount  assessable  before  decision  of  tax   commission.---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  tax  commission. The tax commission may, at any  time  before  rendering  its  decision,  abate  such assessment, or any unpaid portion thereof, to the  extent that it believes the assessment to be excessive  in  amount.  The  tax  commission may in its 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 tax commission.--- If the  jeopardy assessment is made after the decision of the tax commission  is  rendered,  such assessment may be made only in respect of the deficiency  determined by the tax commission in its decision.    (e) Expiration of right to assess.---A jeopardy assessment may not  be  made  after the decision of the tax commission has become final or after  the taxpayer has made an application for review of the decision  of  the  tax commission.    (f)  Collection  of  unpaid  amounts.---When a petition has been filed  with the tax commission and when  the  amount  which  should  have  been  assessed  has  been determined by a decision of the tax commission 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 tax commission, 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 one thousand eighty-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 tax commission.    (g)  Abatement  if  jeopardy  does not exist.---The tax commission may  abate the jeopardy assessment if it finds that jeopardy does not  exist.  Such abatement may not be made after a decision of the tax commission in  respect  of the deficiency has been rendered or, if no petition is filed  with the tax commission, 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 taxcommission, within such time as may be fixed by regulation, a bond in an  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 one thousand eighty-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 tax commission.---If the  bond  is  given  before  the  taxpayer  has filed its petition under section one thousand eighty-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 subsection. 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  tax commission which has become final. If the tax commission  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 tax commission is  rendered.    (j)  Stay  of  sale  of  seized  property   pending   tax   commission  decision.---Where a jeopardy assessment is made, the property seized for  the collection of the tax shall not be sold---    (1)  if  subsection  (b)  is  applicable, prior to the issuance of the  notice of deficiency and the expiration of the time provided in  section  one  thousand eighty-nine for filing a petition with the tax commission,  and    (2) if a petition is filed with the tax commission (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 subsection (a) were not applicable.  Such  property  may  be sold if the taxpayer consents to the sale, or if  the tax commission 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  subsection  (a)  of  section  one  thousand  eighty-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 tax  commission  finds  that  a taxpayer designs quickly to remove its property from this state,  or to conceal its property therein, or to do any other  act  tending  to  prejudice  or  to  render  wholly  or  partly ineffectual proceedings to  collect the tax for the current or the  preceding  taxable  year  unless  such  proceedings  be  brought  without  delay, the tax commission shall  declare the taxable period for such taxpayer immediately terminated, and  shall cause notice of such finding  and  declaration  to  be  given  thetaxpayer,  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 shall thereupon become  immediately  due  and  payable. In any proceeding brought to enforce payment of taxes made  due and payable by virture of the provisions  of  this  subsection,  the  finding  of  the  tax  commission  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 tax commission, as provided in  subsection (l), the tax commission may reopen such taxable  period  each  time  the  taxpayer  is  found  by  the  tax commission to have received  income, within the current taxable year, since the termination  of  such  period.  A  taxable  period  so  terminated by the tax commission may be  reopened by the taxpayer if it files with the tax commission a true  and  accurate  return  under  article nine, nine-a, nine-b or nine-c for such  taxable  period,  together  with  such  other  information  as  the  tax  commission may by regulations prescribe.    (n)  Furnishing  of  bond  where  taxable  year  is  closed by the tax  commission.---Payment of taxes shall not be enforced by any  proceedings  under  the  provisions  of subsection (l) prior to the expiration of the  time otherwise allowed for paying such taxes if the taxpayer  furnishes,  under regulations prescribed by the tax commission, a bond to insure the  timely  making of returns with respect to, and payment of, such taxes or  any taxes for prior years.

State Codes and Statutes

Statutes > New-york > Tax > Article-27 > 1094

§  1094. Jeopardy assessment.---(a) Authority for making.---If the tax  commission believes that the assessment or collection  of  a  deficiency  will  be  jeopardized by delay, it shall, notwithstanding the provisions  of section one thousand eighty-one, 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 tax commission 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 one thousand eighty-one, then  the  tax  commission shall mail a notice under such section within sixty days  after the making of the assessment.    (c)  Amount  assessable  before  decision  of  tax   commission.---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  tax  commission. The tax commission may, at any  time  before  rendering  its  decision,  abate  such assessment, or any unpaid portion thereof, to the  extent that it believes the assessment to be excessive  in  amount.  The  tax  commission may in its 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 tax commission.--- If the  jeopardy assessment is made after the decision of the tax commission  is  rendered,  such assessment may be made only in respect of the deficiency  determined by the tax commission in its decision.    (e) Expiration of right to assess.---A jeopardy assessment may not  be  made  after the decision of the tax commission has become final or after  the taxpayer has made an application for review of the decision  of  the  tax commission.    (f)  Collection  of  unpaid  amounts.---When a petition has been filed  with the tax commission and when  the  amount  which  should  have  been  assessed  has  been determined by a decision of the tax commission 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 tax commission, 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 one thousand eighty-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 tax commission.    (g)  Abatement  if  jeopardy  does not exist.---The tax commission may  abate the jeopardy assessment if it finds that jeopardy does not  exist.  Such abatement may not be made after a decision of the tax commission in  respect  of the deficiency has been rendered or, if no petition is filed  with the tax commission, 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 taxcommission, within such time as may be fixed by regulation, a bond in an  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 one thousand eighty-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 tax commission.---If the  bond  is  given  before  the  taxpayer  has filed its petition under section one thousand eighty-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 subsection. 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  tax commission which has become final. If the tax commission  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 tax commission is  rendered.    (j)  Stay  of  sale  of  seized  property   pending   tax   commission  decision.---Where a jeopardy assessment is made, the property seized for  the collection of the tax shall not be sold---    (1)  if  subsection  (b)  is  applicable, prior to the issuance of the  notice of deficiency and the expiration of the time provided in  section  one  thousand eighty-nine for filing a petition with the tax commission,  and    (2) if a petition is filed with the tax commission (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 subsection (a) were not applicable.  Such  property  may  be sold if the taxpayer consents to the sale, or if  the tax commission 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  subsection  (a)  of  section  one  thousand  eighty-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 tax  commission  finds  that  a taxpayer designs quickly to remove its property from this state,  or to conceal its property therein, or to do any other  act  tending  to  prejudice  or  to  render  wholly  or  partly ineffectual proceedings to  collect the tax for the current or the  preceding  taxable  year  unless  such  proceedings  be  brought  without  delay, the tax commission shall  declare the taxable period for such taxpayer immediately terminated, and  shall cause notice of such finding  and  declaration  to  be  given  thetaxpayer,  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 shall thereupon become  immediately  due  and  payable. In any proceeding brought to enforce payment of taxes made  due and payable by virture of the provisions  of  this  subsection,  the  finding  of  the  tax  commission  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 tax commission, as provided in  subsection (l), the tax commission may reopen such taxable  period  each  time  the  taxpayer  is  found  by  the  tax commission to have received  income, within the current taxable year, since the termination  of  such  period.  A  taxable  period  so  terminated by the tax commission may be  reopened by the taxpayer if it files with the tax commission a true  and  accurate  return  under  article nine, nine-a, nine-b or nine-c for such  taxable  period,  together  with  such  other  information  as  the  tax  commission may by regulations prescribe.    (n)  Furnishing  of  bond  where  taxable  year  is  closed by the tax  commission.---Payment of taxes shall not be enforced by any  proceedings  under  the  provisions  of subsection (l) prior to the expiration of the  time otherwise allowed for paying such taxes if the taxpayer  furnishes,  under regulations prescribed by the tax commission, a bond to insure the  timely  making of returns with respect to, and payment of, such taxes or  any taxes for prior years.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tax > Article-27 > 1094

§  1094. Jeopardy assessment.---(a) Authority for making.---If the tax  commission believes that the assessment or collection  of  a  deficiency  will  be  jeopardized by delay, it shall, notwithstanding the provisions  of section one thousand eighty-one, 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 tax commission 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 one thousand eighty-one, then  the  tax  commission shall mail a notice under such section within sixty days  after the making of the assessment.    (c)  Amount  assessable  before  decision  of  tax   commission.---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  tax  commission. The tax commission may, at any  time  before  rendering  its  decision,  abate  such assessment, or any unpaid portion thereof, to the  extent that it believes the assessment to be excessive  in  amount.  The  tax  commission may in its 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 tax commission.--- If the  jeopardy assessment is made after the decision of the tax commission  is  rendered,  such assessment may be made only in respect of the deficiency  determined by the tax commission in its decision.    (e) Expiration of right to assess.---A jeopardy assessment may not  be  made  after the decision of the tax commission has become final or after  the taxpayer has made an application for review of the decision  of  the  tax commission.    (f)  Collection  of  unpaid  amounts.---When a petition has been filed  with the tax commission and when  the  amount  which  should  have  been  assessed  has  been determined by a decision of the tax commission 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 tax commission, 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 one thousand eighty-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 tax commission.    (g)  Abatement  if  jeopardy  does not exist.---The tax commission may  abate the jeopardy assessment if it finds that jeopardy does not  exist.  Such abatement may not be made after a decision of the tax commission in  respect  of the deficiency has been rendered or, if no petition is filed  with the tax commission, 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 taxcommission, within such time as may be fixed by regulation, a bond in an  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 one thousand eighty-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 tax commission.---If the  bond  is  given  before  the  taxpayer  has filed its petition under section one thousand eighty-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 subsection. 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  tax commission which has become final. If the tax commission  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 tax commission is  rendered.    (j)  Stay  of  sale  of  seized  property   pending   tax   commission  decision.---Where a jeopardy assessment is made, the property seized for  the collection of the tax shall not be sold---    (1)  if  subsection  (b)  is  applicable, prior to the issuance of the  notice of deficiency and the expiration of the time provided in  section  one  thousand eighty-nine for filing a petition with the tax commission,  and    (2) if a petition is filed with the tax commission (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 subsection (a) were not applicable.  Such  property  may  be sold if the taxpayer consents to the sale, or if  the tax commission 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  subsection  (a)  of  section  one  thousand  eighty-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 tax  commission  finds  that  a taxpayer designs quickly to remove its property from this state,  or to conceal its property therein, or to do any other  act  tending  to  prejudice  or  to  render  wholly  or  partly ineffectual proceedings to  collect the tax for the current or the  preceding  taxable  year  unless  such  proceedings  be  brought  without  delay, the tax commission shall  declare the taxable period for such taxpayer immediately terminated, and  shall cause notice of such finding  and  declaration  to  be  given  thetaxpayer,  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 shall thereupon become  immediately  due  and  payable. In any proceeding brought to enforce payment of taxes made  due and payable by virture of the provisions  of  this  subsection,  the  finding  of  the  tax  commission  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 tax commission, as provided in  subsection (l), the tax commission may reopen such taxable  period  each  time  the  taxpayer  is  found  by  the  tax commission to have received  income, within the current taxable year, since the termination  of  such  period.  A  taxable  period  so  terminated by the tax commission may be  reopened by the taxpayer if it files with the tax commission a true  and  accurate  return  under  article nine, nine-a, nine-b or nine-c for such  taxable  period,  together  with  such  other  information  as  the  tax  commission may by regulations prescribe.    (n)  Furnishing  of  bond  where  taxable  year  is  closed by the tax  commission.---Payment of taxes shall not be enforced by any  proceedings  under  the  provisions  of subsection (l) prior to the expiration of the  time otherwise allowed for paying such taxes if the taxpayer  furnishes,  under regulations prescribed by the tax commission, a bond to insure the  timely  making of returns with respect to, and payment of, such taxes or  any taxes for prior years.

Categories