§ 138 — Review of director's decision

New York § 138

• Jurisdiction: New York
• Law GCM: General City Model 772/66

Text

§ 138. Review of director's decision. (a) General.--A decision of the\ndirector of finance shall be subject to judicial review at the instance\nof any taxpayer affected thereby in the manner provided by law for the\nreview of a final decision or action of administrative agencies of the\ncity. An application by a taxpayer for such review must be made within\nfour months after notice of the decision is sent by certified or\nregistered mail to the taxpayer.\n (b) Judicial review exclusive remedy of taxpayer.--The review of a\ndecision of the director of finance provided by this section shall be\nthe exclusive remedy available to any taxpayer for the judicial\ndetermination of the liability of the taxpayer for the taxes imposed by\nthis title.\n (c) Assessment pending review; review bond.--Irrespective of any\nrestrictions on the assessment and collection of deficiencies, the\ndirector of finance may assess a deficiency after the expiration of the\nperiod specified in subdivision (a), notwithstanding that an application\nfor judicial review in respect of such deficiency has been duly made by\nthe taxpayer, unless the taxpayer, at or before the time his application\nfor review is made, has paid the deficiency, has deposited with the\ndirector of finance the amount of the deficiency, or has filed with the\ndirector of finance a bond (which may be a jeopardy bond under\nsubdivision (h) of section one hundred forty-two) in the amount of the\nportion of the deficiency (including interest and other amounts) in\nrespect of which the application for review is made and all costs and\ncharges which may accrue against him in the prosecution of the\nproceeding, including costs of all appeals, and with surety approved by\na justice of the supreme court of the state of New York, conditioned\nupon the payment of the deficiency (including interest and other\namounts) as finally determined and such costs and charges. If as a\nresult of a waiver of the restrictions on the assessment and collection\nof a deficiency any part of the amount determined by the director of\nfinance is paid after the filing of the review bond, such bond shall, at\nthe request of the taxpayer, be proportionately reduced.\n (d) Credit, refund or abatement after review.--If the amount of a\ndeficiency determined by the director of finance is disallowed in whole\nor in part by the court of review, the amount so disallowed shall be\ncredited or refunded to the taxpayer, without the making of claim\ntherefor, or, if payment has not been made, shall be abated.\n (e) Date of finality of director's decision.--A decision of the\ndirector of finance shall become final upon the expiration of the period\nspecified in subdivision (a) for making an application for review, if no\nsuch application has been duly made within such time, or if such\napplication has been duly made, upon expiration of the time for all\nfurther judicial review, or upon the rendering by the director of\nfinance of a decision in accordance with the mandate of the court on\nreview. Notwithstanding the foregoing, for the purpose of making an\napplication for review, the decision of the director of finance shall be\ndeemed final on the date the notice of decision is sent by certified or\nregistered mail to the taxpayer.\n