Sec. 12-268g. Examination of returns. Penalties related to deficiency assessments.
Sec. 12-268g. Examination of returns. Penalties related to deficiency assessments. The commissioner shall, within three years after the due date for the filing of a
return, or, in the case of a completed return filed after such due date, within three years
after the date on which such return was received by him, examine it and, in case any
error is disclosed by such examination, shall, within thirty days after such disclosure,
notify the taxpayer thereof. When it appears that any part of the deficiency for which a
deficiency assessment is made is due to negligence or intentional disregard of the provisions of chapter 210, 211 or 212 or regulations promulgated thereunder, there shall be
imposed a penalty equal to ten per cent of the amount of such deficiency assessment,
or fifty dollars, whichever is greater. When it appears that any part of the deficiency for
which a deficiency assessment is made is due to fraud or intent to evade the provisions
of chapter 210, 211 or 212 or regulations promulgated thereunder, there shall be imposed
a penalty equal to twenty-five per cent of the amount of such deficiency assessment.
No taxpayer shall be subject to more than one penalty under this section in relation to
the same tax period. Within thirty days of the mailing of such notice, the taxpayer shall
pay to the commissioner, in cash or by check, draft or money order drawn to the order
of the Commissioner of Revenue Services, any additional amount of tax shown to be
due by the corrected return or shall be paid by the State Treasurer, upon order of the
Comptroller, any amount shown to be due it by such corrected return. The failure of the
taxpayer to receive any notice required by this section shall not relieve the taxpayer of
the obligation to pay the tax or any interest or penalties thereon. When, before the
expiration of the time prescribed in this section for the examination of the return or the
assessment of the tax, both the commissioner and the taxpayer have consented in writing
to such examination or assessment after such time, the return may be examined and the
tax may be assessed 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. The commissioner may also
in such a case waive the statute of limitations against a claim for refund by such taxpayer.
(1961, P.A. 604, S. 22; P.A. 77-614, S. 139, 610; P.A. 87-124, S. 10, 18; P.A. 88-314, S. 10, 54.)
History: P.A. 77-614 substituted commissioner of revenue services for tax commissioner, effective January 1, 1979;
P.A. 87-124 inserted references to chapter 210 concerning taxation of railroad companies, effective January 1, 1988, and
applicable with respect to the tax imposed under chapter 210 on gross earnings in the calendar year ending December 31,
1987, and in each calendar year thereafter; P.A. 88-314 deleted language concerning payment of tax, which is covered
elsewhere in chapter 212a and added provisions concerning penalties related to deficiency assessments, effective July 1,
1988, and applicable to any tax which first becomes due and payable on or after said date, to any return or report due on
or after said date, or in the case of any ongoing obligation imposed in accordance with said act, to the tax period next
beginning on or after said date.
Annotations to former section 12-262:
Payment of illegal tax under protest, to avoid penalties and liens is involuntary and amount paid may be recovered. 92
C. 204. What is an "involuntary" payment. Id., 203.