N.Y. Tax Law § 279-a: Determination of tax

§ 279-a. Determination of tax. If any person fails to pay any tax

required by this article, the commissioner of taxation and finance shall

determine the amount of tax due at any time within five years after the

tax became payable and shall give written notice of such determination

to the person or persons liable therefor. Notwithstanding any of the

foregoing provisions of this section, where, before the expiration of

the time prescribed in this section for the determination of tax, both

the commissioner of taxation and finance and the taxpayer have consented

in writing to its determination after such time, the tax may be

determined at any time prior to the expiration of the period agreed

upon. The period so agreed upon may be extended by subsequent agreements

in writing made before the expiration of the period previously agreed

upon. Such a determination shall finally and irrevocably fix the tax

unless the person against whom it is assessed shall within thirty days

after the mailing of notice of such determination petition the division

of tax appeals for a hearing. After such hearing the division of tax

appeals shall give written notice of the determination of the

administrative law judge to the person against whom the tax was assessed

and to the commissioner of taxation and finance. Such determination may

be reviewed by the tax appeals tribunal as provided in article forty of

this chapter. The decision of the tax appeals tribunal may be reviewed

as provided in section two thousand sixteen of this chapter but the

proceeding may not be commenced unless the amount of tax stated in the

determination with penalties thereon, if any, shall have first been

deposited with the commissioner of taxation and finance and an

undertaking filed with him in such amount and with such sureties as a

justice of the supreme court shall approve to the effect that if the

proceeding be dismissed or the determination confirmed the petitioner

will pay all costs and charges which may accrue against him in the

prosecution of the proceeding or at the option of the petitioner such

undertaking may be in a sum sufficient to cover the tax, penalties,

costs and charges aforesaid in which event the petitioner shall not be

required to pay such tax and penalties as a condition precedent to the

commencement of the proceeding. The remedy provided by this section for

a review of the decision of the tax appeals tribunal shall be the

exclusive remedy available to judicially determine the liability for

taxes under this article.