Section 11-536. Armed forces relief provisions  


Latest version.
  • (a) Time to be disregarded.
      In the case of an individual serving in the armed forces of  the  United
      States or serving in support of such armed forces, in an area designated
      by  the  president  of the United States by executive order as a "combat
      zone" at any time during the  period  designated  by  the  president  by
      executive  order  as the period of combatant activities in such zone, or
      hospitalized outside the state as a  result  of  injury  received  while
      serving  in such an area during such time, the period of service in such
      area, plus the period of continuous hospitalization  outside  the  state
      attributable  to  such  injury,  and  the  next  one hundred eighty days
      thereafter, shall be disregarded in determining, under this chapter,  in
      respect  of  the  tax  liability  (including  any  interest, penalty, or
      addition to the tax) of such individual:
        (1) Whether any of the following acts was performed  within  the  time
      prescribed therefor: (A) filing any return of tax;
        (B)  payment  of  any  tax  or any installment thereof or of any other
      liability to the commissioner of finance, in respect thereof;
        (C) filing a petition with the tax  appeals  tribunal  for  credit  or
      refund or for redetermination of a deficiency, or application for review
      of a decision rendered by the tax appeals tribunal;
        (D) allowance of a credit or refund of tax;
        (E) filing a claim for credit or refund of tax;
        (F) assessment of tax;
        (G)  giving or making any notice or demand for the payment of any tax,
      or with respect to any liability  to  the  commissioner  of  finance  in
      respect of tax;
        (H)  collection,  by the commissioner of finance, by levy or otherwise
      of the amount of any liability in respect of tax;
        (I) bringing suit by the city, or  any  officer,  on  its  behalf,  in
      respect of any liability in respect of tax; and
        (J)  any  other  act  required  or  permitted  under  this  chapter or
      specified  in  regulations  prescribed  under  this   section   by   the
      commissioner of finance.
        (2) The amount of any credit or refund (including interest).
        (b)  Action  taken  before  ascertainment  of  right  to benefits. The
      assessment or collection of the tax imposed by this chapter  or  of  any
      liability  to the commissioner of finance in respect of such tax, or any
      action or proceeding by or on behalf of the commissioner of  finance  in
      connection  therewith,  may  be  made,  taken,  begun,  or prosecuted in
      accordance with law, without regard to the provisions of subdivision (a)
      of this section, unless prior to such assessment, collection, action, or
      proceeding it is ascertained that the person concerned  is  entitled  to
      the benefit of subdivision (a) of this section.
        (c) Members of armed forces dying in action. In the case of any person
      who  dies during an induction period while in active service as a member
      of the armed forces of the United States, if such death  occurred  while
      serving in a combat zone during a period of combatant activities in such
      zone, as described in subdivision (a) of this section, or as a result of
      wounds,  disease or injury incurred while so serving, the tax imposed by
      this chapter shall not apply with respect to the taxable year  in  which
      falls  the  date  of  such  person's death, or with respect to any prior
      taxable year ending on or after the first day he or she so served  in  a
      combat  zone,  and no returns shall be required in behalf of such person
      or such person's estate for such year; and the tax for any such  taxable
      year  which  is  unpaid  at  the  date  of  his  or her death, including
      interest, additions to tax and penalties, if any, shall not be  assessed
      and if assessed, the assessment shall be abated and, if collected, shall
      be  refunded  to the legal representative of such person's estate if one
    
      has been appointed and has qualified, or, if no legal representative has
      been appointed or has qualified, to such person's surviving spouse.