§ 44-23-24. Refusal to furnish information or obey subpoena.
If any executor, administrator, heir-at-law, or trustee, probate clerk or other person neglects or refuses to file any statement as required by the provisions of this chapter, or to furnish any other information required by this chapter, or neglects or refuses to comply with any subpoena issued under the authority of § 44-23-5, the tax administrator may apply to the sixth (6th) division of the district court, upon proof by affidavit of the neglect or refusal, for an order returnable in not less than two (2) nor more than five (5) days, directing the person charged in the affidavit with the neglect or refusal to show cause before the judge who made the order, or any other judge of the court, why the person should not be adjudged in contempt. Upon the return of the order, the judge before whom the matter is brought for a hearing shall examine the person under oath, and the person shall be given an opportunity to be heard. If the judge determines that the person has without reasonable cause been guilty of the neglect or refusal complained of, the judge may immediately commit the offender to the adult correctional institutions, to remain there until the offender submits to file the statement required or to furnish the information required, or to obey the subpoena, as the case may be, or is discharged according to law, or the judge may make any other order in the premises that the circumstances of the case may seem to the judge to require, and may from time to time alter, amend or suspend any order entered by the judge under this section. Notwithstanding anything contained in this section or in § 44-23-5, whenever any executor, administrator, heir-at-law, trustee, or other person liable for any tax imposed under the provisions of chapter 22 of this title, refuses or neglects to furnish any information which in the opinion of the tax administrator is necessary for the proper computation of the taxes payable under that chapter, after having been requested so to do, the tax administrator may in his or her discretion assess and collect the taxes at the highest rate at which they could in any event be computed. A party aggrieved by an order of the court may appeal the order to the supreme court in accordance with the procedures contained in the rules of appellate procedure of the supreme court.
History of Section.P.L. 1916, ch. 1339, § 25; G.L. 1923, ch. 39, §§ 23-25; P.L. 1926, ch. 810, § 1; P.L. 1929, ch. 1355, § 1; G.L. 1938, ch. 43, §§ 23, 24; P.L. 1939, ch. 664, § 1; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 44-23-24; P.L. 1976, ch. 140, § 29; P.L. 1978, ch. 170, § 2.
Structure Rhode Island General Laws
Chapter 44-23 - Estate and Transfer Taxes — Enforcement and Collection
Section 44-23-1. - Statements filed by executors, administrators and heirs-at-law.
Section 44-23-2. - Statements filed by trustees.
Section 44-23-3. - Extension of time for filing of statement.
Section 44-23-4. - Declarations under penalties of perjury.
Section 44-23-5. - Appraisal of estate.
Section 44-23-6. - Notice by probate clerk of grant of letters on estate.
Section 44-23-7. - Fees of probate clerk.
Section 44-23-8. - Estates where no will has been offered or letters granted.
Section 44-23-9. - Assessment and notice of estate tax — Collection powers — Lien.
Section 44-23-9.1. - Hearing by tax administrator on application.
Section 44-23-10. - Deposit with tax administrator to cover taxes.
Section 44-23-11. - Tentative assessment.
Section 44-23-12. - Recording of lien against real estate — Discharge.
Section 44-23-13. - Assessment and notice of transfer tax — Collection powers — Lien on property.
Section 44-23-14. - Discharge of lien on real estate — Liability of heir or devisee.
Section 44-23-15. - Taxes as debt to state.
Section 44-23-16. - Time taxes due — Interest and additions to tax on delinquent payments.
Section 44-23-16.1. - Interest on overpayments.
Section 44-23-17. - Suspension of tax payment pending claim against estate.
Section 44-23-18. - Extension of time for payment of additional estate tax.
Section 44-23-19 - — 44-23-22. Repealed.
Section 44-23-23. - Sale of property to pay tax.
Section 44-23-24. - Refusal to furnish information or obey subpoena.
Section 44-23-25. - Settlement of taxes due.
Section 44-23-26. - Adjustment of clerical or palpable errors.
Section 44-23-27. - Conflict of laws as to domicile — Definition of terms.
Section 44-23-28. - Election to invoke remedy as to conflict of laws.
Section 44-23-30. - Interstate arbitration as to domicile.
Section 44-23-31. - Interest on tax pending arbitration of domicile.
Section 44-23-32. - Reciprocal laws required.
Section 44-23-34. - Permit required for transfer of securities of resident decedent.
Section 44-23-36. - Payment of tax as prerequisite for allowance of final account.
Section 44-23-37. - Applicability of enforcement provisions.
Section 44-23-38. - Termination of lien.
Section 44-23-39. - Proof of payment of domiciliary tax by administrator of nonresident.
Section 44-23-40. - Information furnished to foreign tax officials.
Section 44-23-41. - Accounting on petition by foreign tax official.
Section 44-23-42. - Noncompliance by administrator of nonresident — “State” defined.
Section 44-23-44. - Exercise of statutory power.
Section 44-23-45. - Liberal construction — Incidental powers.