Section 478. Determination of tax

If any person files any return under this
  article,  but such return is incorrect or insufficient, the commissioner
  of taxation and finance shall determine the amount of  tax  due  at  any
  time  within three years after the return was filed (whether or not such
  return was filed on or after the due date), and give written  notice  of
  such  determination  to such person, except that if such person fails to
  file a return or files a  willfully  false  or  fraudulent  return  with
  intent  to  evade  the  tax, such determination may be made at any time.
  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. Any determination made pursuant to this
  section shall finally and irrevocably fix  the  tax  unless  the  person
  against  whom  it is assessed shall, within ninety days after the giving
  of notice of such determination, petition the division  of  tax  appeals
  for  a  hearing.  After  such hearing, the division of tax appeals shall
  give notice of the determination of the administrative law judge to  the
  person  liable  for  the  tax  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 or referred to in the decision, with  penalties
  and  interest  thereon, if any, shall have been first 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
  decision 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,  interest,  costs and charges aforesaid, in
  which event the petitioner shall  not  be  required  to  pay  such  tax,
  penalties  and  interest as a condition precedent to the commencement of
  the proceeding.
    The remedy provided by this section for review of a  decision  of  the
  tax  appeals  tribunal  shall  be  the exclusive remedy available to any
  taxpayer to judicially determine the  liability  of  such  taxpayer  for
  taxes under this article.