Section 11-2506. Determination of tax

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  such  information  as may be obtainable and, if necessary, the tax
  may be estimated on the basis of external indices,  such  as  number  of
  rooms,   location,   scale   of   rents,   comparable   rents,  type  of
  accommodations and service, number of employees  and/or  other  factors.
  Notice of such determination shall be given to the person liable for the
  collection  and/or  payment of the tax. Such determination shall finally
  and irrevocably fix the  tax  unless  the  person  against  whom  it  is
  assessed,   within   ninety   days   after  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  through  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.  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 person liable for the tax
  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 as a justice of the supreme court shall approve,  to  the  effect
  that  if  such proceeding be dismissed or the tax confirmed, such person
  will pay all costs and charges which may accrue in  the  prosecution  of
  the  proceeding;  or  (b)  at the option of such person 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 such person shall not be
  required to deposit such taxes, penalties and interest  as  a  condition
  precedent to the application.