New York GCM Code § 85

Jeopardy assessment
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§ 85. Jeopardy assessment. 1. Authority for making.--If the director\nof finance believes that the assessment or collection of a deficiency\nwill be jeopardized by delay, he shall, notwithstanding the provisions\nof section seventy-two immediately assess such deficiency (together with\nall interest, penalties and additions to tax provided for by law), and\nnotice and demand shall be made by the director of finance for the\npayment thereof.\n  2. Notice of deficiency.--If the jeopardy assessment is made before\nany notice in respect of the tax to which the jeopardy assessment\nrelates has been mailed under section seventy-two, then the director of\nfinance shall mail a notice under such section within sixty days after\nthe making of the assessment.\n  3. Amount assessable before decision of director of finance.--The\njeopardy assessment may be made in respect of a deficiency greater or\nless than that of which notice is mailed to the taxpayer and whether or\nnot the taxpayer has theretofore filed a petition with the director of\nfinance. The director of finance may, at any time before rendering his\ndecision, abate such assessment, or any unpaid portion thereof, to the\nextent that he believes the assessment to be excessive in amount. The\ndirector of finance may in his decision redetermine the entire amount of\nthe deficiency and of all amounts assessed at the same time in\nconnection therewith.\n  4. Amounts assessable after decision of director of finance.--If the\njeopardy assessment is made after the decision of the director of\nfinance is rendered, such assessment may be made only in respect of the\ndeficiency determined by the director of finance in his decision.\n  5. Expiration of right to assess.--A jeopardy assessment may not be\nmade after the decision of the director of finance has become final or\nafter the taxpayer has made an application for review of the decision of\nthe director of finance.\n  6. Collection of unpaid amounts.--When a petition has been filed with\nthe director of finance and when the amount which should have been\nassessed has been determined by a decision of the director of finance\nwhich has become final, then any unpaid portion, the collection of which\nhas been stayed by bond, shall be collected as part of the tax upon\nnotice and demand from the director of finance, and any remaining\nportion of the assessment shall be abated. If the amount already\ncollected exceeds the amount determined as the amount which should have\nbeen assessed, such excess shall be credited or refunded to the taxpayer\nas provided in section seventy-seven without the filing of claim\ntherefor. If the amount determined as the amount which should have been\nassessed is greater than the amount actually assessed, then the\ndifference shall be assessed and shall be collected as part of the tax\nupon notice and demand from the director of finance.\n  7. Abatement if jeopardy does not exist.--The director of finance may\nabate the jeopardy assessment if he finds that jeopardy does not exist.\nSuch abatement may not be made after a decision of the director of\nfinance in respect of the deficiency has been rendered or, if no\npetition is filed with the director of finance, after the expiration of\nthe period for filing such petition. The period of limitation on the\nmaking of assessments and levy or a proceeding for collection, in\nrespect of any deficiency, shall be determined as if the jeopardy\nassessment so abated had not been made, except that the running of such\nperiod shall in any event be suspended for the period from the date of\nsuch jeopardy assessment until the expiration of the tenth day after the\nday on which such jeopardy assessment is abated.\n  8. Bond to stay collection.--The collection of the whole or any amount\nof any jeopardy assessment may be stayed by filing with the director of\nfinance, within such time as may be fixed by regulation, a bond in an\namount equal to the amount as to which the stay i

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