Title 48, Chapter 2, Section 60
( 48-2-60)
(a) No action or other judicial proceeding for the enforcement of
this chapter or for the collection of state taxes shall be settled
except by agreement, compromise, or judgment in open court. (b) No compromise or agreed judgment shall be entered in any such
action or other judicial proceeding until there has been filed with
the commissioner a verified statement setting forth the facts and
showing the reasons why a compromise or agreed judgment should be
entered and certifying that no agreement or settlement other than
the one stated in the proposed judgment has been directly or
indirectly entered into by the commissioner or by anyone for the
commissioner and that the proposed judgment is, in the opinion of
the Attorney General, for the best interest of the state. (c) When any penalty is paid without the commencement of an action
to recover on the penalty and the commissioner, within three years
after the date of the payment, determines that the circumstances
giving rise to the penalty were reasonably beyond the control of the
taxpayer, the commissioner may authorize a refund of all or any part
of the penalty so paid and any interest paid on the penalty. |