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2017-01-02
CITY-OF-BATESVILLE
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2017-01-02
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licenses or permits secured, or taxes paid as required. The injunction shall be issued without a <br /> bond being required from the Commission. <br /> SECTION 23: Settlement or compromise of liability controversies. <br /> A) The Commission may enter into an agreement to compound, settle, or compromise any <br /> controversy relating to the A&P tax when: <br /> (1) The controversy is over the amount of tax due; or <br /> (2) The inability to pay results from the insolvency of the taxpayer. <br /> B) The Commission may waive or remit the interest or penalty, or any portion thereof, <br /> ordinarily accruing because of a taxpayer's failure to pay the A&P tax within the statutory <br /> period allowed for its payment: <br /> (1) If the taxpayer's failure to pay the tax is satisfactorily explained to the Commission; <br /> (2) If the failure results from a mistake by the taxpayer of either the law or the facts <br /> subjecting him to such tax; or <br /> (3) If the inability to pay the interest or penalty results from the insolvency or bankruptcy <br /> of the taxpayer. <br /> C) In settling or compromising any controversy relating to the liability of a person for the A&P <br /> tax for my taxable period, the Commission is authorized to enter into a written closing <br /> agreement concerning the liability. When the closing agreement is signed by the <br /> Commission, it shall be final and conclusive, and except upon a showing of fraud or <br /> misrepresentation of a material fact, no additional assessment or collection shall be made by <br /> the Commission, and the taxpayer shall not institute any judicial proceeding to recover such <br /> liabilities as agreed to in the closing agreement. <br /> D) The Commission shall promulgate rules and regulations establishing guidelines for <br /> determining whether a proposed offer of compromise is adequate and acceptable to resolve a <br /> tax dispute. <br /> SECTION 24: Release of property from lien. <br /> A) Upon written application by any person, the Commission may release any property from the <br /> lien imposed by any assessment, order,judgment, or certificate of indebtedness obtained by <br /> or from any levy made by it if: <br /> (1) Either full payment is made to the Commission of the sum it considers adequate <br /> consideration for the release; or <br /> (2) Adequate security deposit is made with the Commission to secure the payment of the <br /> debt evidenced by the lien. <br /> (B) When the Commission determines that its assessment certificate of indebtedness or <br /> judgment is clouding the title of property because of error in the description of properties or <br />
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