If the commissioner has cause to believe and believes that the collection of taxes due by any taxpayer will be jeopardized by delay, he may assess such taxes immediately together with damages and interest, and may immediately file with the circuit clerk a notice of tax lien for franchise taxes, penalties, and interest and issue a jeopardy warrant under official seal directed to the sheriff of any county of this state or to a special agent of the tax commission.
The circuit clerk shall proceed as provided in Section 27-13-29, upon receiving a copy of the notice of tax lien from the commissioner. Any tax determined to be due under a jeopardy assessment, shall be a debt due the state and, when thus enrolled upon the judgment roll of the county, shall be the equivalent of any enrolled judgment of the court of record and shall constitute a lien on all the property and rights to property of the judgment debtor.
The sheriff, or the special agent, as the case may be, upon receipt of the jeopardy warrant, shall immediately proceed in accordance with Section 27-13-35. However, where property has been seized under authority of a jeopardy warrant, the taxpayer may file a petition for a hearing and revision of the assessment with the commissioner at any time prior to the date of the sale by the enforcement officer, provided such taxpayer executes a supersedeas surety bond with a surety company, authorized to do and doing business in this state, for double the amount of the assessment. Such bond shall be conditioned that any taxes, penalties, interest, and costs adjudged to be due after the hearing will be paid promptly upon order of the tax commission.
Structure Mississippi Code
Title 27 - Taxation and Finance
Chapter 13 - Corporation Franchise Tax
§ 27-13-3. Counties and municipalities precluded from levying certain taxes
§ 27-13-5. Tax on domestic corporations
§ 27-13-7. Tax on foreign corporations
§ 27-13-17. Accrual, payment and reporting of tax
§ 27-13-21. Extension of time to file return and pay tax
§ 27-13-29. Enrolling a judgment
§ 27-13-31. Warrant for collection of tax
§ 27-13-33. Jeopardy assessment and warrant
§ 27-13-35. Execution by sheriff or special agent; fees; disposition of property
§ 27-13-37. Commissioner may bid at sales
§ 27-13-41. Sheriff and special agent not personally liable
§ 27-13-55. Disposition of funds
§ 27-13-57. Information kept secret; release of certain information under certain circumstances
§ 27-13-59. Commissioner to give receipt
§ 27-13-61. Fraudulent reports