2012 New York Consolidated Laws
TAX - Tax
Article 31 - (1400 - 1421) REAL ESTATE TRANSFER TAX
1411 - Determination of tax.

 
    § 1411. Determination of tax. (a) If a return required by this article
  is  not  filed,  or if a return when filed is incorrect or insufficient,
  the amount of tax  due  shall  be  determined  by  the  commissioner  of
  taxation  and  finance  from  such  records  or  information  as  may be
  obtainable, including the assessed valuation of  the  real  property  or
  interest   therein   and  other  appropriate  factors.  Notice  of  such
  determination shall be given to the person liable for the payment of the
  tax. Such determination shall finally and irrevocably fix the tax unless
  the person against whom it is assessed, within  ninety  days  after  the
  giving  of  notice of such determination, shall petition the division of
  tax appeals for a hearing, or unless the commissioner  of  taxation  and
  finance  of the commissioner's own motion shall redetermine the same. In
  any case before the division of tax  appeals  under  this  article,  the
  burden  of  proof  shall  be  on the petitioner. After such hearing, the
  division of tax appeals shall give notice of the  determination  of  the
  administrative  law judge to the person against whom the tax is assessed
  and the commissioner of taxation and finance. Such determination may  be
  reviewed  by  the  tax  appeals tribunal as provided in article forty of
  this chapter. The decision of the tax appeals tribunal may  be  reviewed
  as  provided  in  section  two  thousand  sixteen  of  this  chapter.  A
  proceeding for judicial review shall not be instituted unless:  (1)  the
  amount  of  any  tax  sought to be reviewed, with penalties and interest
  thereon, if any, shall be  first  deposited  with  the  commissioner  of
  taxation  and  finance and there shall be filed with the commissioner of
  taxation  and  finance  an  undertaking,  issued  by  a  surety  company
  authorized  to  transact  business  in  this  state  and approved by the
  superintendent of financial services of this state as  to  solvency  and
  responsibility,  in  such  amount and with such sureties as a justice of
  the supreme court shall approve, to the effect that if  such  proceeding
  be dismissed or the tax confirmed, the petitioner will pay all costs and
  charges which may accrue in the prosecution of the proceeding; or (2) at
  the   option   of  the  petitioner,  such  undertaking  filed  with  the
  commissioner of taxation and finance may be in a sum sufficient to cover
  the taxes, penalties and interest thereon stated in such decision,  plus
  the costs and charges which may accrue against him in the prosecution of
  the  proceeding,  in which event the petitioner shall not be required to
  deposit such taxes, penalties and interest as a condition  precedent  to
  the commencement of the proceeding.
    (b)  A  person  liable for the tax imposed by this article (whether or
  not a determination assessing a tax pursuant to subdivision (a) of  this
  section has been issued) shall be entitled to have a tax due finally and
  irrevocably  fixed  prior  to  the  ninety-day  period  referred  to  in
  subdivision (a) of this section, by  filing  with  the  commissioner  of
  taxation  and  finance a signed statement in writing in such form as the
  commissioner  of  taxation  and  finance  shall  prescribe,   consenting
  thereto.