Sec. 12-422. Appeal. - Connecticut Statutes

      Sec. 12-422. Appeal. Any taxpayer aggrieved because of any order, decision, determination or disallowance of the Commissioner of Revenue Services under section 12-418, 12-421 or 12-425 may, within one month after service upon the taxpayer of notice of such order, decision, determination or disallowance, take an appeal therefrom to the superior court for the judicial district of New Britain, which shall be accompanied by a citation to the Commissioner of Revenue Services to appear before said court. Such citation shall be signed by the same authority, and such appeal shall be returnable at the same time and served and returned in the same manner, as is required in case of a summons in a civil action. The authority issuing the citation shall take from the appellant a bond or recognizance to the state of Connecticut, with surety to prosecute the appeal to effect and to comply with the orders and decrees of the court in the premises. Such appeals shall be preferred cases, to be heard, unless cause appears to the contrary, at the first session, by the court or by a committee appointed by it. Said court may grant such relief as may be equitable and, if such tax has been paid prior to the granting of such relief, may order the Treasurer to pay the amount of such relief, with interest at the rate of two-thirds of one per cent per month or fraction thereof, to the aggrieved taxpayer. If the appeal has been taken without probable cause, the court may tax double or triple costs, as the case demands; and, upon all such appeals which are denied, costs may be taxed against the appellant at the discretion of the court, but no costs shall be taxed against the state.

      (1949 Rev., S. 2106; 1955, S. 1173d; 1971, P.A. 870, S. 35; P.A. 76-436, S. 317, 681; P.A. 77-614, S. 139, 610; P.A. 78-280, S. 5, 127; P.A. 88-230, S. 1, 12; P.A. 89-343, S. 11, 17; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-26, S. 18, 52; 95-220, S. 4-6; P.A. 99-215, S. 24, 29.)

      History: 1971 act substituted court of common pleas for superior court, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless matters pending are transferable; P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978; P.A. 77-614 substituted commissioner of revenue services for tax commissioner, effective January 1, 1979; P.A. 78-280 substituted judicial district of Hartford-New Britain for Hartford county; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 89-343 increased the rate of interest on the amount of relief ordered by the court from 6% to 9% per annum; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-26 lowered interest rate from 9% per annum to 0.66% per month, effective July 1, 1995, and applicable to taxes due and owing on or after July 1, 1995, whether or not those taxes first became due before said date; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain", effective June 29, 1999.

      Cited. 145 C. 161. Cited. 158 C. 236. Cited. 168 C. 597. Cited. 170 C. 556. Cited. 183 C. 566. Cited. 187 C. 581. Cited. 198 C. 413; Id., 624. Cited. 204 C. 137. Cited. 205 C. 761. Cited. 206 C. 337. Cited. 210 C. 401. Sec. 14-422 [sic] cited. Id., 413. Cited. 211 C. 246. Cited. 212 C. 454. Cited. 213 C. 365. Cited. 214 C. 292. Cited. 217 C. 220. Cited. 220 C. 749. Cited. 221 C. 166; Id. 751. Cited. 222 C. 49. Cited. 231 C. 315; Id., 378. Cited. 235 C. 393; Id., 737. Cited. 236 C. 613; Id., 701. Cited. 238 C. 571; Id., 761. Cited. 242 C. 599.

      Cited. 2 CA 165; reversed and case remanded with direction that judgment of trial court be set aside with judgment directed in favor of defendant, see 198 C. 413 et seq. Cited. 6 CA 261. Cited. 12 CA 417. Cited. 24 CA 72. Cited. 35 CA 72. Cited. 43 CA 744.

      Cited. 30 CS 309. Cited. 31 CS 134. Equitable relief granted to taxpayer who innocently failed to file sales tax returns over twenty-one-year period, recovery of sales tax limited to three years plus interest and penalty. Id., 373. Cited. 39 CS 234. Cited. Id., 247. Failure to serve an appeal from a decision of commissioner in manner prescribed by this section deprives court of subject matter jurisdiction. 43 CS 10. Cited. 44 CS 1; Id., 297; Id., 472.