Section 431. Proceedings to recover tax  


Latest version.
  • 1.  Whenever any distributor,
      noncommercial importer or other person 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, noncommercial importer or other  person
      for the amount of such tax, with interest. The procceds of the judgment,
      if any, shall be paid to the department of taxation and finance.
        2.  Whenever  any  distributor, noncommercial importer or other person
      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, noncommercial importer or
      other person, 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, noncommercial  importer  or
      other  person  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,  noncommercial  importer or other person
      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, noncommercial importer or other person as if the people  of
      the state had recovered judgment against such distributor, noncommercial
      importer or other person for the amount of the tax.
        3. In addition to the foregoing proceedings, in case of default of any
      distributor  to pay, within the time limited herein, any tax, penalty or
      interest which he is required  to  pay  under  the  provisions  of  this
      article  or  to  file  a bond, other security or a return as required by
      this article or by the tax commission, the tax commission may forward  a
      written  statement  of  the facts showing such default in payment of any
      tax, penalty or interest to the state liquor authority and  may  request
      the  revocation  or  suspension  of  the  license  or  licenses  of such
      distributor on account of such default.