Title 48, Chapter 2, Section 51
( 48-2-51)
(a) If the commissioner reasonably finds that a taxpayer gives
evidence of intention to leave the state, to remove his property
from the state, to conceal himself or his property, to discontinue
business, or to do any other act tending to prejudice or render
wholly or partly ineffective proceedings to compute, assess, or
collect any state tax, whereby it becomes advisable that such
proceedings be brought without delay, the commissioner shall declare
the taxable period for such taxpayer terminated forthwith and shall
give notice of such finding and demand immediate payment of such tax
as may be due. The commissioner may immediately make an arbitrary
assessment and may proceed under the assessment to collect the tax
or require the taxpayer to file with him a bond satisfactory to the
commissioner as security for payment of the tax. (b)(1) As used in this subsection, the term "illegal drug" means marijuana as defined in paragraph (16) of Code Section 16-13-21, as amended; a controlled substance as defined in paragraph (4) of Code Section 16-13-21, as amended; or a dangerous drug as defined in Code Section 16-13-71, as amended. The term illegal drug shall not include any drug when used pursuant to a valid medical prescription or when used as otherwise authorized by state or federal law. (2) When an assessment for taxes based upon the possession, sale,
or distribution of an illegal drug is made by the commissioner,
such assessment shall be considered a jeopardy assessment for
collection as provided in this Code section. The commissioner
shall assess such tax and applicable penalties based on personal
knowledge or information available to the commissioner; mail to
the taxpayer at the taxpayer's last known address or serve in
person a written notice of the amount of tax and penalty; demand
its immediate payment; and, if payment is not immediately made,
collect the tax and penalty by any method prescribed in this
chapter. (3) The tax and penalties assessed by the commissioner are
presumed to be valid and correctly determined and assessed. With
respect to any administrative or civil proceedings regarding the
assessment or collection under this subsection of any taxes,
interest, or penalties imposed by this title, the burden shall be
upon the taxpayer to show their incorrectness or invalidity. Any
statement filed by the commissioner with the court, or any other
certificate by the commissioner of the amount of tax and penalties
determined or assessed, shall be admissible in evidence and shall
be prima-facie evidence of the facts contained in such statement
or certificate. |