63-3048. ADJUSTED OR COMPROMISED CASES — SETTLEMENT AND CLOSING AGREEMENTS. (a) The state tax commission or its delegate is authorized to enter into an agreement in writing with any person relating to the liability of such person, or of the person for whom he is acting, in respect of any tax under this chapter for any taxable period ending prior to the date of the agreement.
(b) Where the amount in issue relating to the tax liability of any taxpayer is equal to or exceeds fifty thousand dollars ($50,000) and the commission has delegated the authority to enter into a settlement or closing agreement for such liability to an individual commissioner, the following minimum standards of procedure shall apply:
(1) In addition to the individual commissioner delegated the principal responsibility to negotiate on behalf of the commission, a second commissioner shall be present for a final review of the negotiated settlement or closing agreement. Both commissioners shall be required to sign the settlement or closing agreement to make it binding and complete.
(2) In addition to the two (2) commissioners present at the final review, a representative of the office of the attorney general shall be present as well as tax commission staff, which shall include a tax policy specialist and either a representative from the audit division or other division where the case originated.
(3) The tax policy specialist or deputy attorney general assigned to a settlement or closing agreement shall prepare and submit to the commission a written summary for the final review explaining the terms of the settlement or closing agreement. The summary shall include any recommendations of agency staff including audit staff.
(4) The tax commission shall retain a copy of all settlement and closing agreements and, in addition, all summaries prepared pursuant to subsection (b)(3) of this section.
(c) The tax commission shall submit an annual report to the governor and the legislature by March 1 of each year summarizing all settlement and closing agreements entered into during the previous calendar year as defined by subsection (b) of this section.
(d) The tax commission shall promulgate administrative rules in compliance with chapter 52, title 67, Idaho Code, to implement the provisions of this section.
(e) Such agreement shall be final and conclusive and, except upon a showing of fraud or malfeasance, or misrepresentation of a material fact:
(1) The case shall not be reopened as to matters agreed upon or the agreement modified by any officer, employee, or agent of the state.
(2) In any suit, action, or proceeding, such agreement, or any determination, assessment, collection, payment abatement, refund, or credit made in accordance therewith, shall not be annulled, modified, set aside, or disregarded.
History:
[63-3048, added 1959, ch. 299, sec. 48, p. 613; am. 2009, ch. 120, sec. 3, p. 385.]
Structure Idaho Code
Title 63 - REVENUE AND TAXATION
Section 63-3002 - DECLARATION OF INTENT.
Section 63-3003 - DEFINITIONS.
Section 63-3004 - INTERNAL REVENUE CODE.
Section 63-3006 - CORPORATION.
Section 63-3006A - LIMITED LIABILITY COMPANY — CLASSIFICATION AND TAXATION.
Section 63-3006B - PARTNERSHIP.
Section 63-3006C - PASS-THROUGH ENTITY.
Section 63-3010 - TAXABLE YEAR.
Section 63-3011 - GROSS INCOME.
Section 63-3011A - ADJUSTED GROSS INCOME.
Section 63-3011B - TAXABLE INCOME.
Section 63-3011C - IDAHO TAXABLE INCOME.
Section 63-3012 - INCLUDES AND INCLUDING.
Section 63-3013A - PART-YEAR RESIDENT.
Section 63-3014 - NONRESIDENT.
Section 63-3015 - ESTATES AND TRUSTS.
Section 63-3016 - PAID OR INCURRED AND PAID OR ACCRUED.
Section 63-3021 - NET OPERATING LOSS.
Section 63-3022 - ADJUSTMENTS TO TAXABLE INCOME.
Section 63-3022A - DEDUCTION OF CERTAIN RETIREMENT BENEFITS.
Section 63-3022B - DEDUCTION FOR ENERGY EFFICIENCY UPGRADES.
Section 63-3022C - DEDUCTION FOR ALTERNATIVE ENERGY DEVICE AT RESIDENCE.
Section 63-3022D - DEDUCTION OF EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SERVICES.
Section 63-3022G - MONEYS PAID TO JAPANESE-AMERICANS FOR REPARATIONS FOR WORLD WAR II DISPLACEMENT.
Section 63-3022H - DEDUCTION OF CAPITAL GAINS.
Section 63-3022I - ADOPTION EXPENSES.
Section 63-3022J - DEDUCTION OF VALUE FOR TECHNOLOGICAL EQUIPMENT.
Section 63-3022K - MEDICAL SAVINGS ACCOUNT.
Section 63-3022M - EXPENSES AND INTEREST RELATING TO TAX EXEMPT INCOME.
Section 63-3022N - MARRIAGE PENALTY ADJUSTMENT.
Section 63-3022P - HEALTH INSURANCE COSTS.
Section 63-3022Q - LONG-TERM CARE INSURANCE.
Section 63-3022R - CERTAIN LOSS RECOVERIES.
Section 63-3022S - INCOME EARNED ON AN INDIAN RESERVATION.
Section 63-3022U - DEDUCTION FOR CERTAIN CHARITABLE CONTRIBUTIONS.
Section 63-3022V - DEDUCTION FOR FIRST-TIME HOME BUYERS.
Section 63-3023 - TRANSACTING BUSINESS.
Section 63-3024 - INDIVIDUALS’ TAX AND TAX ON ESTATES AND TRUSTS.
Section 63-3024A - FOOD TAX CREDITS AND REFUNDS.
Section 63-3024B - IDAHO TAX REBATE FUND.
Section 63-3025 - TAX ON CORPORATE INCOME.
Section 63-3025A - FRANCHISE TAX.
Section 63-3025B - ORGANIZATIONS EXEMPT FROM THE TAX IMPOSED BY THIS CHAPTER.
Section 63-3025C - CORPORATIONS EXEMPT FROM MINIMUM TAX.
Section 63-3026 - COMPUTING IDAHO TAXABLE INCOME OF RESIDENT INDIVIDUALS, TRUSTS AND ESTATES.
Section 63-3026B - AFFECTED BUSINESS ENTITIES — STATE AND LOCAL TAXATION TREATMENT.
Section 63-3027 - COMPUTING IDAHO TAXABLE INCOME OF MULTISTATE OR UNITARY CORPORATIONS.
Section 63-3027B - WATER’S-EDGE ELECTION.
Section 63-3027C - ELECTION IS BINDING — TREATMENT OF DIVIDENDS.
Section 63-3027D - PRESUMPTIONS AND BURDENS OF PROOF.
Section 63-3027E - OPERATIVE DATES.
Section 63-3029 - CREDIT FOR INCOME TAXES PAID ANOTHER STATE.
Section 63-3029A - INCOME TAX CREDIT FOR CHARITABLE CONTRIBUTIONS — LIMITATION.
Section 63-3029B - INCOME TAX CREDIT FOR CAPITAL INVESTMENT.
Section 63-3029C - INCOME TAX CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS — LIMITATION.
Section 63-3029F - CLAIM OF RIGHT INCOME REPAYMENT ADJUSTMENTS.
Section 63-3029G - CREDITS FOR RESEARCH ACTIVITIES CONDUCTED IN THIS STATE — CARRYFORWARD.
Section 63-3029I - INCOME TAX CREDIT FOR INVESTMENT IN BROADBAND EQUIPMENT.
Section 63-3029K - TAX CREDIT FOR LIVE ORGAN DONATION EXPENSES.
Section 63-3029L - CHILD TAX CREDIT.
Section 63-3029P - PRIORITY OF CREDITS.
Section 63-3030 - PERSONS REQUIRED TO MAKE RETURNS OF INCOME.
Section 63-3030A - MANDATE TO COMPEL RETURN.
Section 63-3031 - JOINT RETURNS.
Section 63-3032 - TIME FOR FILING INCOME TAX RETURNS.
Section 63-3033 - EXTENSION OF TIME.
Section 63-3034 - PAYMENT OF TAX.
Section 63-3035A - STATE INCOME TAX WITHHOLDING TAX ON LOTTERY WINNINGS.
Section 63-3035B - JOINT POWER AUTHORIZATION.
Section 63-3035C - REVOCATION AND SUSPENSION OF WITHHOLDING ACCOUNTS — PENALTIES.
Section 63-3036 - STATE WITHHOLDING TAX FOR FARMERS.
Section 63-3036A - PAYMENT OF ESTIMATED TAX.
Section 63-3036B - PASS-THROUGH ENTITIES — BACKUP WITHHOLDING.
Section 63-3037 - INFORMATION RETURNS.
Section 63-3038 - ADMINISTRATION.
Section 63-3039 - RULES AND REGULATIONS — PUBLICATION OF STATISTICS AND LAW.
Section 63-3040 - EXAMINATION OF RETURN AND DETERMINATION OF TAX.
Section 63-3041 - OVERPAYMENTS.
Section 63-3042 - EXAMINATION OF BOOKS AND WITNESSES.
Section 63-3042A - EVIDENCE OF EXPENDITURES.
Section 63-3044 - DEFICIENCY IN TAX.
Section 63-3045 - NOTICE OF REDETERMINATION OR DEFICIENCY — INTEREST.
Section 63-3045A - ASSESSMENT OF TAX.
Section 63-3045B - FINAL DECISIONS OF THE COMMISSION.
Section 63-3046 - PENALTIES AND ADDITIONS TO THE TAX IN CASE OF DEFICIENCY.
Section 63-3046A - INTEREST ON UNDERPAYMENT OF ESTIMATED TAX.
Section 63-3046B - FAILURE TO FILE PARTNERSHIP RETURN.
Section 63-3047 - COMPROMISED CASES.
Section 63-3048 - ADJUSTED OR COMPROMISED CASES — SETTLEMENT AND CLOSING AGREEMENTS.
Section 63-3049 - JUDICIAL REVIEW.
Section 63-3050 - ACTION TO COLLECT UNPAID TAX OR DEFICIENCY.
Section 63-3050A - RELIEF FROM JOINT AND SEVERAL LIABILITY ON JOINT RETURN.
Section 63-3051 - PROPERTY SUBJECT TO LIEN.
Section 63-3055 - RELEASE OR SUBORDINATION OF INCOME TAX LIEN.
Section 63-3056 - ACTION TO ENFORCE LIEN.
Section 63-3057 - DISTRAINT ON PERSONAL PROPERTY.
Section 63-3058 - EXEMPT PROPERTY.
Section 63-3059 - LEVY OR DISTRAINT WARRANT.
Section 63-3060 - PROCEEDINGS ON LEVY OR DISTRAINT.
Section 63-3060A - CONTINUOUS EXECUTION ON INDIVIDUAL EARNINGS.
Section 63-3061 - SUCCESSIVE SEIZURES.
Section 63-3061A - NOTICE OF LEVY AND DISTRAINT.
Section 63-3062 - PRODUCTION OF BOOKS.
Section 63-3063 - COLLECTION BY DISTRAINT NOT EXCLUSIVE.
Section 63-3064 - OTHER REMEDIES PRESERVED.
Section 63-3065 - JEOPARDY ASSESSMENTS.
Section 63-3065A - JURISDICTION OVER NONRESIDENTS.
Section 63-3066 - LEGAL ADVISER.
Section 63-3067 - REVENUE RECEIVED — STATE REFUND ACCOUNT.
Section 63-3067A - INCOME TAX REFUND OR PAYMENT DESIGNATION BY INDIVIDUALS TO TRUST ACCOUNTS.
Section 63-3067B - SUNSETTING DESIGNATIONS.
Section 63-3067D - DESIGNATION BY TAXPAYER — OPPORTUNITY SCHOLARSHIP.
Section 63-3068 - PERIOD OF LIMITATIONS FOR ISSUING A NOTICE OF DEFICIENCY AND COLLECTION OF TAX.
Section 63-3069 - NOTICE OF ADJUSTMENT OF FEDERAL OR STATE TAX LIABILITY.
Section 63-3069A - SPECIAL STATUTE OF LIMITATIONS.
Section 63-3071 - DESTRUCTION OF OLD RETURNS.
Section 63-3072 - CREDITS AND REFUNDS.
Section 63-3073 - INTEREST ON REFUNDS AND CREDITS.
Section 63-3074 - ACTIONS AGAINST STATE OF IDAHO.
Section 63-3076 - PENALTY FOR DIVULGING INFORMATION.
Section 63-3077 - INFORMATION FURNISHED TO CERTAIN OFFICIALS.
Section 63-3077B - AGREEMENTS FOR EXCHANGE OF INFORMATION WITH INDUSTRIAL COMMISSION.
Section 63-3077C - AGREEMENT FOR EXCHANGE OF INFORMATION WITH DEPARTMENT OF FISH AND GAME.
Section 63-3077D - AGREEMENT FOR COLLECTION OF TAX.
Section 63-3077E - AGREEMENTS FOR EXCHANGE OF INFORMATION WITH THE STATE TREASURER.
Section 63-3077F - INFORMATION FURNISHED TO CERTAIN INDIVIDUALS.
Section 63-3077G - AGREEMENT FOR EXCHANGE OF INFORMATION WITH THE IDAHO DEPARTMENT OF CORRECTION.
Section 63-3078 - FAILURE TO COLLECT AND PAY OVER TAX, OR ATTEMPT TO EVADE OF [OR] DEFEAT TAX.
Section 63-3079 - FRANCHISE TAX NOT REPEALED.
Section 63-3080 - NOT A PROPERTY TAX.
Section 63-3082 - ADDITIONAL TAX REQUIRED WHEN FILING INCOME TAX RETURN.
Section 63-3083 - “PERSON” DEFINED.
Section 63-3084 - TAX ADDITIONAL TO OTHER INCOME TAXES.
Section 63-3085 - DATE TAX DUE AND PAYABLE.