§ 288-A — Jeopardy assessments

§ 288-a. Jeopardy assessments. If the tax commission believes that the\ncollection of any tax will be jeopardized by delay it may determine the\namount of such tax and assess the same, together with all interest and\npenalties provided by law, against any person liable therefor prior to\nthe filing of his return and prior to the date when his return is\nrequired to be filed. The amount so determined shall become due and\npayable to the tax commission by the person against whom such a jeopardy\nassessment is made, as soon as notice thereof is given to him personally\nor by registered or certified mail. The provisions of section two\nhundred eighty-eight of this article shall apply to any such\ndetermination except to the extent that they may be inconsistent with\nthe provisions of this section. The tax commission shall abate any\njeopardy assessment if it finds that jeopardy does not exist. The\ncollection of any jeopardy assessment may be stayed by filing with the\ntax commission a bond issued by a surety company authorized to transact\nbusiness in this state and approved by the superintendent of financial\nservices as to solvency and responsibility, or such other security\nacceptable to the tax commission, conditioned upon payment of the amount\nassessed and interest thereon, or any lesser amount to which such\nassessment may be reduced by the tax commission or by a proceeding under\narticle seventy-eight of the civil practice law and rules as provided in\nsection two hundred eighty-eight of this article, such payment to be\nmade when the assessment or any such reduction thereof shall have become\nfinal and not subject to further review. If such a bond is filed and\nthereafter a proceeding under article seventy-eight is commenced as\nprovided in subdivision five of section two hundred eighty-eight of this\narticle, deposit of the taxes, penalties and interest assessed shall not\nbe required as a condition precedent to the commencement of such\nproceeding. Where a jeopardy assessment is made, any property seized for\nthe collection of the tax shall not be sold (1) until expiration of the\ntime to apply for a hearing as provided in section two hundred\neighty-eight of this article, and (2) if such application is timely\nfiled, until the expiration of four months after the tax commission has\ngiven notice of its determination to the person against whom the\nassessment is made; provided, however, such property may be sold at any\ntime if such person has failed to attend a hearing of which he has been\nduly notified, or if he consents to the sale, or if the tax commission\ndetermines that the expenses of conservation and maintenance will\ngreatly reduce the net proceeds, or if the property is perishable.\n