Nebraska § 66-722 Returns; review
by department; deficiency determination; procedure

Nebraska Statutes

§ 66-722 — Returns; review by department; deficiency determination; procedure

Nebraska·Ch. 66 Oils, Fuels, and Energy

(1)As soon as practical after a return is filed, the department shall examine it to determine the correct amount of tax. If the department finds that the amount of tax shown on the return is less than the correct amount, it shall notify the taxpayer of the amount of the deficiency determined.

(2)If any person fails to file a return or has improperly purchased motor fuel without the payment of tax, the department shall estimate the person's liability from any available information and notify the person of the amount of the deficiency determined.

(3)The amount of the deficiency determined shall constitute a final assessment together with interest and penalties sixty days after the date on which notice was mailed to the taxpayer at his or her last-known address unless a written protest is

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(1)
As soon as practical after a return is filed, the department shall examine
it to determine the correct amount of tax. If the department finds that the
amount of tax shown on the return is less than the correct amount, it shall
notify the taxpayer of the amount of the deficiency determined.
(2) If any person fails to file a return or has improperly
purchased motor fuel without the payment of tax, the department shall estimate
the person's liability from any available information and notify the person
of the amount of the deficiency determined.
(3) The amount of the deficiency determined shall constitute
a final assessment together with interest and penalties sixty days after the
date on which notice was mailed to the taxpayer at his or her last-known address
unless a written protest is filed with the department within such sixty-day
period.
(4) The final assessment provisions of this section shall
constitute a final decision of the agency for purposes of the Administrative
Procedure Act.
(5) An assessment made by the department shall be presumed
to be correct. In any case when the validity of the assessment is questioned,
the burden shall be on the person who challenges the assessment to establish
by a preponderance of the evidence that the assessment is erroneous or excessive.
(6)(a) Except in the case of a fraudulent return or of neglect
or refusal to make a return, the notice of a proposed deficiency determination
shall be mailed within three years after the twentieth day
of the month following the end of the period for which the amount proposed
is to be determined or within three years after the return is filed, whichever
period expires later.
(b) The taxpayer and the department may agree, prior to the
expiration of the period in subdivision (a) of this subsection, to extend
the period during which the notice of a deficiency determination can be mailed.
The extension of the period for the mailing of a deficiency determination
shall also extend the period during which a refund can be claimed.

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Legislative History

Source: Laws 1991, LB 627, § 117; Laws 2000, LB 1067, § 28; Laws 2004, LB 983, § 50; Laws 2008, LB914, § 3; Laws 2012, LB727, § 24. Cross References: Administrative Procedure Act, see section 84-920.