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This entry was published on 2014-09-22
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Determination of tax
§ 478. Determination of tax. If any person files any return under this
article, but such return is incorrect or insufficient, the commissioner
of taxation and finance shall determine the amount of tax due at any
time within three years after the return was filed (whether or not such
return was filed on or after the due date), and give written notice of
such determination to such person, except that if such person fails to
file a return or files a willfully false or fraudulent return with
intent to evade the tax, such determination may be made at any time.
Notwithstanding any of the foregoing provisions of this section, where,
before the expiration of the time prescribed in this section for the
determination of tax, both the commissioner of taxation and finance and
the taxpayer have consented in writing to its determination after such
time, the tax may be determined 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. Any determination made pursuant to this
section shall finally and irrevocably fix the tax unless the person
against whom it is assessed shall, within ninety days after the giving
of notice of such determination, petition the division of tax appeals
for a hearing. After such hearing, the division of tax appeals shall
give notice of the determination of the administrative law judge to the
person liable for the tax and to the commissioner of taxation and
finance. Such determination may be reviewed by the tax appeals tribunal
as provided in article forty of this chapter. The decision of the tax
appeals tribunal may be reviewed as provided in section two thousand
sixteen of this chapter, but the proceeding may not be commenced unless
the amount of tax stated or referred to in the decision, with penalties
and interest thereon, if any, shall have been first deposited with the
commissioner of taxation and finance, and an undertaking filed with him,
in such amount and with such sureties as a justice of the supreme court
shall approve, to the effect that if the proceeding be dismissed or the
decision confirmed, the petitioner will pay all costs and charges which
may accrue against him in the prosecution of the proceeding, or at the
option of the petitioner such undertaking may be in a sum sufficient to
cover the tax, penalties, interest, costs and charges aforesaid, in
which event the petitioner shall not be required to pay such tax,
penalties and interest as a condition precedent to the commencement of
the proceeding.

The remedy provided by this section for review of a decision of the
tax appeals tribunal shall be the exclusive remedy available to any
taxpayer to judicially determine the liability of such taxpayer for
taxes under this article.