67-8-112 - Determination of tax by commissioner. - Tennessee Statutes

67-8-112. Determination of tax by commissioner.

(a)  (1)  As soon as practicable after the return required by § 67-8-110 is filed, the commissioner shall examine it and determine the correct amount of the tax.

     (2)  If the required return is not filed by the donor on or before the date due, the commissioner shall determine the amount of the tax upon the basis of any information the commissioner may possess or obtain.

     (3)  Whenever in the judgment of the commissioner it is deemed necessary, the commissioner may require any person, by notice served upon such person by mail, to render under oath such statements or to reveal such information and records as the commissioner deems sufficient to show whether or not such person is liable for tax under this part.

(b)  As used in this part, “deficiency” means:

     (1)  The amount by which the tax imposed by this part exceeds the amount shown as the tax by the donor upon the donor's return; or

     (2)  If no amount is shown as the tax by the donor upon the donor's return, or if no return is made by the donor, the correct amount of the tax.

(c)  (1)  If the commissioner, in determining the correct amount of the tax in accordance with subsection (a), determines that there is a deficiency in respect of the tax imposed by this part, the commissioner shall send notice of such deficiency to the donor by mail and shall make demand for the amount of such deficiency, which amount shall be paid by the donor.

     (2)  Such deficiency regardless of when paid by the donor, shall, for purposes of computing interest and penalty on the deficiency, be deemed to have been due on the due date provided in § 67-8-111, that is, April 15 following the close of the calendar year.

[Acts 1939, ch. 137, §§ 13-15; C. Supp. 1950, §§ 1295.13-1295.15 (Williams, §§ 1328.13-1328.15); Acts 1959, ch. 51, § 1; T.C.A. (orig. ed.), §§ 67-2517 67-2519.]