2006 Utah Code - 59-10-523 — Definition of deficiency.

     59-10-523.   Definition of deficiency.
     (1) As used in this chapter, "deficiency" means the amount by which the tax imposed by this chapter exceeds the excess of (a) the sum of (i) the amount shown as the tax by the taxpayer upon his return, if the return was made by the taxpayer and if an amount was shown as the tax by the taxpayer thereon, plus (ii) the amounts previously assessed (or collected without assessment) as a deficiency over (b) the amounts previously abated, refunded, or otherwise repaid in respect of such tax.
     (2) For purposes of Subsection (1):
     (a) If no return is filed, or the return does not show any tax, a return shall be considered as having been made by the taxpayer and the amount shown as the tax by the taxpayer upon his return shall be considered to be zero.
     (b) The tax imposed by this chapter and the tax shown on the return shall both be determined without regard to any amounts of tax withheld on wages pursuant to Part 4, unless, without regard to such amounts, the tax imposed by this chapter exceeds the excess of the amount specified in Subsection (1) (a) over the amount specified in Subsection (1) (b).

Renumbered and Amended by Chapter 2, 1987 General Session