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 income 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 27-7-55, 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 a 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 27-7-61. 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 7 - Income Tax and Withholding
§ 27-7-9. Gain or loss on disposition of property
§ 27-7-15. Gross income defined
§ 27-7-19. Items not deductible
§ 27-7-20. Casualty losses of individuals
§ 27-7-22. Tax credits for qualified businesses
§ 27-7-22.11. Tax credit under Venture Capital Act of 1994
§ 27-7-22.15. Income tax credit for approved reforestation practices
§ 27-7-22.28. Job tax credit for certain producers of alternative energy definitions
§ 27-7-22.32. Income tax credit for certain qualified adoption expenses
§ 27-7-22.32. Income tax credit for certain qualified adoption expenses
§ 27-7-23. Net income of nonresident and foreign taxpayers
§ 27-7-41. Time and place for filing returns
§ 27-7-43. Returns for period less than twelve months
§ 27-7-47. Free online income tax preparation and filing services for certain taxpayers
§ 27-7-50. Extension of time to file return
§ 27-7-53. Delinquent taxes; failure to file return
§ 27-7-55. Collection of tax; enrolling judgment
§ 27-7-57. Warrant for collection of tax
§ 27-7-59. Jeopardy assessment and warrant
§ 27-7-61. Execution by sheriff or special agent; fees; disposition of property
§ 27-7-63. Commissioner may bid at sales
§ 27-7-67. Sheriff and special agent not personally liable
§ 27-7-69. Tax upon settlement of fiduciary's account
§ 27-7-81. Regulatory authority
§ 27-7-85. Community property not recognized
§ 27-7-89. Contribution to Mississippi Educational Trust Fund from state income tax refund
§ 27-7-91. Designation of contributions to Mississippi Wildlife Heritage Fund on income tax returns
§ 27-7-94. Contribution to Mississippi Military Family Relief Fund from state income tax refund
§ 27-7-97. Capital loss carrybacks and carryovers
§ 27-7-99. "Capital asset" defined
§ 27-7-101. Other definitions relating to capital gains and losses
§ 27-7-103. Applicability of provisions of Internal Revenue Code relating to capital losses