Section 11-1406. Determination of tax  


Latest version.
  • If a return required by this chapter
      is not filed, or if a return when filed is  incorrect  or  insufficient,
      the amount of tax due shall be determined by the commissioner of finance
      from  external  indices and such other information as may be obtainable.
      Notice of such determination shall be given to the person liable for the
      tax. Such determination shall finally and irrevocably fix the tax unless
      the person against whom it is assessed, within  ninety  days  after  the
      giving  of  notice  of  such  determination,  or, if the commissioner of
      finance has established a conciliation  procedure  pursuant  to  section
      11-124  of  the  code  and  the  taxpayer  has  requested a conciliation
      conference in accordance therewith, within ninety days from the  mailing
      of   a   conciliation   decision  or  the  date  of  the  commissioner's
      confirmation of the discontinuance of the conciliation proceeding,  both
      (1)  serves  a petition upon the commissioner of finance and (2) files a
      petition with the tax appeals tribunal for  a  hearing,  or  unless  the
      commissioner  of  finance of his or her own motion shall redetermine the
      same. Such hearing and any appeal to the tax appeals tribunal sitting en
      banc from the decision rendered in such hearing shall  be  conducted  in
      the manner and subject to the requirements prescribed by the tax appeals
      tribunal  pursuant  to  sections  one  hundred  sixty-eight thorough one
      hundred seventy-two of the charter. After such hearing the  tax  appeals
      tribunal  shall  give  notice of its decision to the person against whom
      the tax is assessed and to the commissioner of finance.  A  decision  of
      the  tax appeals tribunal sitting en banc shall be reviewable for error,
      illegality or unconstitutionality or any other reason  whatsoever  by  a
      proceeding  under  article  seventy-eight  of the civil practice law and
      rules if application therefor is made to the supreme court by the person
      against whom the tax was assessed within four months after the giving of
      the notice of such tax appeals tribunal  decision.  A  proceeding  under
      article  seventy-eight  of the civil practice law and rules shall not be
      instituted by a taxpayer unless: (a) the amount of any tax sought to  be
      reviewed,  with  penalties  and interest thereon, if any, shall be first
      deposited with the commissioner of finance and there shall be filed with
      the commissioner of finance an undertaking, issued by a  surety  company
      authorized  to  transact  business  in  this  state  and approved by the
      superintendent  of  insurance  of  this  state  as   to   solvency   and
      responsibility,  in  such  amount and with such sureties as a justice of
      the supreme court shall approve, to the effect that if  such  proceeding
      be  dismissed  or the tax confirmed, the taxpayer will pay all costs and
      charges which may accrue in the prosecution of the proceeding; or (b) at
      the option of the taxpayer such undertaking filed with the  commissioner
      of  finance may be in a sum sufficient to cover the taxes, penalties and
      interest thereon stated in such decision  plus  the  costs  and  charges
      which  may  accrue  against  it in the prosecution of the proceeding, in
      which event the taxpayer shall not be required to  deposit  such  taxes,
      penalties and interest as a condition precedent to the application.