2007 California Revenue and Taxation Code Article 2. Deficiency Determinations

CA Codes (rtc:38411-38419)

38411.  If the board is not satisfied with the return or returns of
the tax or the amount of tax required to be paid to the state by any
person, it may compute and determine the amount required to be paid
upon the basis of the facts contained in the return or returns or
upon the basis of any information within its possession or that may
come into its possession.  One or more deficiency determinations may
be made of the amount due for one or for more than one period.



38412.  The amount of the determination, exclusive of penalties,
shall bear interest at the adjusted annual rate established pursuant
to Section 19521 from the last day of the month following the
quarterly period for which the amount or any portion thereof should
have been returned until the date of payment.



38413.  In making a determination the board may offset overpayments
for a period or periods, together with interest on the overpayments,
against underpayments for another period or periods, against
penalties, and against the interest on the underpayments.  The
interest on underpayments and overpayments shall be computed in the
manner set forth in Sections 38451 and 38606.



38414.  If any part of the deficiency for which a deficiency
determination is made is due to negligence or intentional disregard
of this part or authorized rules and regulations, a penalty of 10
percent of the amount of the determination shall be added thereto.




38415.  If any part of the deficiency for which a deficiency
determination is made is due to fraud or an intent to evade this part
or authorized rules and regulations, a penalty of 25 percent of the
amount of the determination shall be added thereto.




38416.  The board shall give to the person written notice of its
determination.  The notice shall be placed in a sealed envelope, with
postage paid, addressed to the person at his or her address as it
appears in the records of the board.  The giving of notice shall be
deemed complete at the time of the deposit of the notice in the
United States Post Office, or a mailbox, subpost office, substation,
or mail chute or other facility regularly maintained or provided by
the United States Postal Service, without extension of time for any
reason.  In lieu of mailing, a notice may be served personally by
delivering it to the person to be  served and service is complete at
the time of delivery.  Personal service to a corporation may be made
by delivery of a notice to any person designated in the Code of Civil
Procedure to be served for the corporation with summons and
complaint in a civil action.



38417.  Except in the case of fraud, intent to evade this part or
authorized rules and regulations, or failure to make a return, every
notice of a deficiency determination shall be mailed within three
years after the last day of the calendar month following the
quarterly period for which the amount is proposed to be determined or
within three years after the return is filed, whichever period
expires the later.  In the case of failure to make a return, every
notice of determination shall be mailed within eight years after the
last day of the calendar month following the quarterly period for
which the amount is proposed to be determined.




38418.  In the case of a deficiency arising under this part during
the lifetime of a decedent, a notice of deficiency determination
shall be mailed within four months after written request therefor, in
the form required by the board, by the fiduciary of the estate or
trust or by any other person liable for the tax or any portion
thereof.



38419.  If before the expiration of the time prescribed in Section
38417 for the mailing of a notice of deficiency determination the
taxpayer has consented in writing to the mailing of the notice after
such time, the notice may be mailed at any time prior to the
expiration of the period agreed upon.  The period so agreed upon may
be extended by subsequent agreements in writing made before the
expiration of the period previously agreed upon.