Section 279-A. Determination of tax

If any person fails to pay any tax
  required by this article, the commissioner of taxation and finance shall
  determine the amount of tax due at any time within five years after  the
  tax  became  payable and shall give written notice of such determination
  to the person or persons liable therefor.   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. Such a determination shall finally and  irrevocably  fix  the  tax
  unless  the  person against whom it is assessed shall within thirty days
  after the mailing of notice of such determination petition the  division
  of  tax  appeals  for  a hearing. After such hearing the division of tax
  appeals  shall  give  written  notice  of  the  determination   of   the
  administrative law judge to the person against whom the tax was assessed
  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 in the
  determination with penalties thereon, if  any,  shall  have  first  been
  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 determination  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,
  costs and charges aforesaid in which event the petitioner shall  not  be
  required  to  pay such tax and penalties as a condition precedent to the
  commencement of the proceeding. The remedy provided by this section  for
  a  review  of  the  decision  of  the  tax appeals tribunal shall be the
  exclusive remedy available to judicially  determine  the  liability  for
  taxes under this article.