59-1-702 - Jeopardy assessment -- Notice -- Amount. - Utah Statutes

59-1-702. Jeopardy assessment -- Notice -- Amount.
(1) If the commission believes that the assessment or collection of any tax or penalty inlieu of tax will be jeopardized by delay, it shall, notwithstanding the assessment provisions ofTitle 59, Chapter 2, 7, 10, or 12, immediately assess such tax or penalty in lieu of tax (togetherwith all interest, penalties, and additions to tax provided for by law), and notice and demand shallbe made by the commission for the payment thereof.
(2) If the jeopardy assessment is made before any notice of the tax deficiency to whichthe jeopardy assessment relates has been mailed under Title 59, Chapter 2, 7, 10, or 12, then thecommission shall mail a notice under this section within 60 days after the making of theassessment.
(3) The jeopardy assessment may be made of a deficiency greater or less than that setforth in the notice of deficiency, which has been mailed to the taxpayer, and whether or not thetaxpayer has filed a petition with the commission. The commission may, at any time beforerendering its decision, abate such assessment, or any unpaid portion thereof, to the extent that itbelieves the assessment to be excessive in amount. The commission has jurisdiction toredetermine the entire amount of the deficiency and of all amounts assessed.
(4) If the jeopardy assessment is made after the commission has rendered a decision on ataxpayer's petition for redetermination, the assessment may be made only in respect to the amountof the deficiency determined by the commission in its decision.

Renumbered and Amended by Chapter 3, 1987 General Session