(a) If the amount of tax shown on the taxpayer's return is understated due to a mathematical or clerical error, the Director shall notify the taxpayer in writing that an amount of tax in excess of that shown on the return is due and has been assessed. Each notice under this subsection shall expressly state the error alleged. Such additional tax and any interest thereon shall, subject to the right of protest under subsection (b) of this section, be deemed assessed on the date of filing or the due date of the return, whichever is later.
(b) Notwithstanding the provision for immediate assessment under subsection (a) of this section, a taxpayer may file with the Director, within 60 days after notice of the assessment is sent, a written protest of the assessment under the provisions of § 523 of this title. In the taxpayer's protest, the taxpayer shall set forth the reasons the taxpayer believes there was no mathematical or clerical error made in the preparation of the return or calculation of the tax due.
Structure Delaware Code
Chapter 5. PROCEDURE, ADMINISTRATION AND ENFORCEMENT
Subchapter III. Procedure and Administration
§ 522. Assessment final if no protest.
§ 524. Notice of determination after protest.
§ 525. Determination of Director final.
§ 527. Evidence of related federal determination.
§ 529. Time for performing certain acts postponed by reason of service in combat zone.
§ 531. Limitations on assessment.
§ 532. Recovery of erroneous refund.
§ 533. Interest on underpayment.
§ 534. Failure to file tax return or to pay tax.
§ 535. Fraud and other penalties.
§ 536. Accuracy-related penalty.
§ 537. Authority to make credits or refunds.
§ 539. Limitations on credit or refund.
§ 540. Interest on overpayments.
§ 541. Form of claims for credit or refund; amendments.
§ 542. Notice of disallowance; finality.
§ 543. Claim for credit or refund or protest deemed disallowed.
§ 544. Review of determinations of Director on protests.
§ 545. Collection of debts owed to certain State agencies.
§ 546. Voluntary Tax Compliance Initiative.
§ 547. Professional and occupational licenses; denial or suspension.
§ 548. Paid tax preparers; required information on returns and claims for refund.