2005 Vermont Code - § 7817. — Determination of tax on failure to file return

§ 7817. Determination of tax on failure to file return

(a) If any person, having failed to file when due a return relating to the tobacco products tax under this chapter, fails to file such return within 10 days after notice is given to him by the commissioner that such return is required, the commissioner may compute the tax liability of the taxpayer with respect to which the return was required to be filed, according to the commissioner's best information and belief, at any time within three years after the date the return was due, and give written notice of such determination to such person.

(b) When the commissioner discovers, by examination of the records of the taxpayer as provided in section 7816 of this title, or otherwise, that a person required to file a return under this subchapter, has filed an incorrect or insufficient return, he may, at any time within three years after the date the return was due, determine the correct amount of tax and shall give notice to the taxpayer of the amount of any deficiency in such tax, together with penalty and interest as hereinafter provided.

(c) A determination by the commissioner in accordance with (a) or (b) of this section shall fix the tax, unless the person against whom it is assessed shall, within 60 days after receiving the notice of such determination, apply to the commissioner for a hearing as is herein provided. The decision of the commissioner after the hearing may be reviewed as provided in this chapter. (Added 1959, No. 231, § 7; amended 1971, No. 73, § 33, eff. April 16, 1971; 1989, No. 222 (Adj. Sess.), § 13.)