Section 289. Proceedings to recover tax  


Latest version.
  • Whenever any distributor shall fail
      to  pay, within the time limited herein, any tax which he is required to
      pay under the provisions of this article,  the  attorney-general  shall,
      upon  the  request  of  the  department of taxation and finance, enforce
      payment of such tax by civil action in the supreme court, in the name of
      the people of the state, against such distributor for the amount of such
      tax, with interest. The proceeds of the judgment, if any, shall be  paid
      to the department of taxation and finance.
        Whenever  any  distributor  shall fail to pay, within the time limited
      herein, any tax which he is required to pay under the provisions of this
      article, the tax commission may issue a warrant under its official seal,
      directed to the sheriff of any county of the state,  commanding  him  to
      levy  upon  and sell the real and personal property of such distributor,
      found within his county, for the payment of the amount thereof, with the
      added penalties, interest and the cost of executing the warrant, and  to
      return such warrant to the department of taxation and finance and to pay
      to  it the money collected by virtue thereof within sixty days after the
      receipt of such warrant. The sheriff shall within five  days  after  the
      receipt  of  the  warrant,  file  with  the  clerk  of his county a copy
      thereof, and thereupon the clerk shall enter in the judgment docket  the
      name  of the distributor mentioned in the warrant, and the amount of the
      tax, penalties and interest for which the warrant is issued and the date
      when such copy is filed, and thereupon the amount  of  such  warrant  so
      docketed  shall become a lien upon the title to and interest in real and
      personal property of the distributor against whom the warrant is issued.
      Such lien shall not apply to personal property unless  such  warrant  is
      also  filed in the department of state. The said sheriff shall thereupon
      proceed upon the warrant in all respects, with like effect, and  in  the
      same  manner  prescribed  by law in respect to executions issued against
      property upon judgments of a court of record, and shall be  entitled  to
      the same fees for his services in executing the warrant, to be collected
      in the same manner. In the discretion of the tax commission a warrant of
      like  terms,  force and effect may be issued and directed to any officer
      or employee of the department  of  taxation  and  finance,  and  in  the
      execution  thereof  such  officer  or employee shall have all the powers
      conferred by law upon sheriffs, but shall  be  entitled  to  no  fee  or
      compensation  in  excess  of  actual expenses paid in the performance of
      such duty. Upon such filing of a copy of a warrant, the  tax  commission
      shall  have  the same remedies to enforce the claim for taxes, penalties
      and interest against the distributor as if the people of the  state  had
      recovered judgment against such distributor for the amount of the tax.