N.Y. Tax Law § 430: Determination of tax

§ 430. Determination of tax. If a distributor, noncommercial importer

or other person files a return under this article, but such return is

incorrect or insufficient, the commissioner of taxation and finance

shall determine the amount of tax due at any time within three years

after the return was filed (whether or not such return was filed on or

after the due date), and give written notice of such determination to

the distributor, noncommercial importer or other person, except that if

such distributor has not registered as required by this article, or

fails to file a return or files a willfully false or fraudulent return

with intent to evade the tax, such determination may be made at any

time. 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. Any determination made pursuant to this

section shall finally and irrevocably fix the tax unless the

distributor, noncommercial importer or other person against whom it is

assessed shall, within ninety days after the giving of notice of such

determination, petition the division of tax appeals for a hearing, or

unless the commissioner of taxation and finance of his own motion, shall

redetermine the same. After such hearing, the division of tax appeals

shall give notice of the determination of the administrative law judge

to the distributor, noncommercial importer or other person liable for

the tax 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 or referred to in the decision, with penalties and interest

thereon, if any, shall have been first 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 such proceeding be dismissed or the

decision 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, interest, costs and charges aforesaid, in

which event the petitioner shall not be required to pay such tax,

penalties and interest as a condition precedent to commencing the

proceeding.

The remedy provided by this section for review of a decision of the

tax appeals tribunal shall be the exclusive remedy available to any

taxpayer to judicially determine the liability of such taxpayer for

taxes under this article.