Section 12. An assessment for a dealer not possessing valid stamps or other official indicia showing that the tax has been paid shall be considered a jeopardy assessment or collection. The commissioner shall assess a tax and applicable penalties based on personal knowledge or information available to the commissioner. Said commissioner shall mail to the taxpayer at the taxpayer's last known address or serve, in hand, a written notice of the amount of tax and penalty due and shall demand its immediate payment and, if such payment is not immediately made, shall collect the tax and penalty by any method available under law.
No person may bring an action to enjoin the assessment or collection of any taxes, interest or penalties imposed pursuant to this chapter.
The taxes and penalties assessed by the commissioner are presumed to be valid and correctly determined and assessed. The burden shall be upon the taxpayer to demonstrate that such tax or penalty has been incorrectly or invalidly assessed. A statement filed by the commissioner with the court administrator, or other certificate by the commissioner of the amount of tax and penalties determined or assessed shall be admissible as evidence and shall be prima facie evidence of the facts contained therein.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 64k - Controlled Substances Tax
Section 2 - Enforcement of Chapter; Collection of Taxes
Section 3 - Rules and Regulations; Uniform Stamp or Other Indicia
Section 4 - Possession Prohibited Unless Tax Paid
Section 5 - Immunity From Criminal Prosecution
Section 6 - Lawful Possession Not Taxable
Section 7 - Measurement of Controlled Substances for Calculation of Taxes
Section 9 - Penalty for Violations
Section 10 - Purchase of Official Stamps or Other Indicia
Section 11 - Placement of Stamps Upon Purchase or Acquisition of Controlled Substances
Section 12 - Assessment of Taxes; Notice
Section 13 - Confidentiality of Information in Reports or Returns Required by Chapter
Section 14 - Examination of Books, Records, Etc. to Determine Tax Liability Under Chapter; Subpoenas