67-5-1904 - Credits to trustee on settlement with state. - Tennessee Statutes

67-5-1904. Credits to trustee on settlement with state.

(a)  On the trustee's final settlement with the commissioner of revenue, as provided in § 67-5-1902(b)(3), the trustee is entitled to credits as follows:

     (1)  For the compensation allowable to the trustee under § 8-11-110;

     (2)  For all sums by the trustee paid into the state treasury, for which the trustee produces and files with the commissioner the state treasurer's duplicate receipt;

     (3)  For the amount of insolvencies or deficiencies of payment of taxes;

     (4)  For the taxes of a preceding year released by the county legislative body, because not collected on account of insolvencies, removals of taxpayers, or the improper taxation of property; and

     (5)  For the taxes on all lands and town lots reported by the trustee as sold and struck off to the state for the nonpayment of the taxes due thereon.

(b)  The evidence upon which the credits specified in subdivisions (a)(3) and (4) shall be allowed shall be a copy of the order of the county legislative body making the allowance, certified by the clerk under the seal of the county legislative body.

(c)  (1)  No such order shall be made until the collector exhibits to the county legislative body, and files in the office of the clerk, a list of the insolvencies or nonpayments, verified by the collector's affidavit, written on the list and sworn to before the county legislative body, stating that the list is just and true to the best of the collector's knowledge; that it fully sets forth the name of each delinquent in the collector's county; the amount of taxes the delinquent owes; the nature and kind of taxables on which the amount is due; the year for which it accrued; that the collector has used all legal ways and means in the collector's power to collect the taxes contained in the list, from the time the collector received the tax list from the clerk; and that the collector could not find any property out of which to collect the taxes.

     (2)  Whereupon, the county legislative body shall order the clerk to certify to the commissioner and county mayor a copy of the list, and that they have allowed the collector a credit for the amount exhibited in the list, or such part thereof as the county legislative body shall deem reasonable and just, plainly distinguishing the year for which the credit was allowed.

(d)  The evidence upon which the credit specified in subdivision (a)(5) shall be allowed shall be a copy of the collector's report, certified by the clerk under the seal of the county legislative body.

[Code 1858, §§ 648-652; Shan., §§ 916a3, 917-920; mod. Code 1932, §§ 1622-1626; impl. am. Acts 1937, ch. 33, § 50; impl. am. Acts 1959, ch. 9, § 14; modified; T.C.A. (orig. ed.), §§ 67-1417 67-1420; Acts 2003, ch. 90, § 2.]