§ 142. Jeopardy assessment. (a) Authority for making.--If the director
of finance believes that the assessment or collection of a deficiency
will be jeopardized by delay, he shall, notwithstanding the provisions
of section one hundred twenty-nine and one hundred forty-four, and
immediately assess such deficiency (together with all interest,
penalties and additions to tax provided for by law), and notice and
demand shall be made by the director of finance for the payment thereof.

(b) Notice of deficiency.--If the jeopardy assessment is made before
any notice in respect of the tax to which the jeopardy assessment
relates has been mailed under section one hundred twenty-nine, then the
director of finance shall mail a notice under such section within sixty
days after the making of the assessment.

(c) Amount assessable before decision of director of finance.--The
jeopardy assessment may be made in respect of a deficiency greater or
less than that of which notice is mailed to the taxpayer and whether or
not the taxpayer has heretofore filed a petition with the director of
finance. The director of finance may, at any time before rendering his
decision, abate such assessment, or any unpaid portion thereof, to the
extent that he believes the assessment to be excessive in amount. The
director of finance may in his decision redetermine the entire amount of
the deficiency and of all amounts assessed at the same time in
connection therewith.

(d) Amount assessable after decision of director of finance.--If the
jeopardy assessment is made after the decision of the director of
finance is rendered, such assessment may be made only in respect of the
deficiency determined by the director of finance in his decision.

(e) Expiration of right to assess.--A jeopardy assessment may not be
made after the decision of the director of finance has become final or
after the taxpayer has made an application for review of the decision of
the director of finance.

(f) Collection of unpaid amounts.--When a petition has been filed with
the director of finance and when the amount which should have been
assessed has been determined by a decision of the director of finance
which has become final, then any unpaid portion, the collection of which
has been stayed by bond, shall be collected as part of the tax upon
notice and demand from the director of finance, and any remaining
portion of the assessment shall be abated. If the amount already
collected exceeds the amount determined as the amount which should have
been assessed, such excess shall be credited or refunded to the taxpayer
as provided in section one hundred thirty-four without the filing of
claim therefor. If the amount determined as the amount which should have
been assessed is greater than the amount actually assessed, then the
difference shall be assessed and shall be collected as part of the tax
upon notice and demand from the director of finance.

(g) Abatement if jeopardy does not exist.--The director of finance may
abate the jeopardy assessment if he finds that jeopardy does not exist.
Such abatement may not be made after a decision of the director of
finance in respect of the deficiency has been rendered or, if no
petition is filed with the director of finance, after the expiration of
the period for filing such petition. The period of limitation on the
making of assessments and levy or a proceeding for collection, in
respect of any deficiency, shall be determined as if the jeopardy
assessment so abated had not been made, except that the running of such
period shall in any event be suspended for the period from the date of
such jeopardy assessment until the expiration of the tenth day after the
day on which such jeopardy assessment is abated.

(h) Bond to stay collection.--The collection of the whole or any
amount of any jeopardy assessment may be stayed by filing with the
director of finance, within such time as may be fixed by regulation, a
bond in an amount equal to the amount as to which the stay is desired,
conditioned upon the payment of the amount (together with interest
thereon) the collection of which is stayed at the time at which, but for
the making of the jeopardy assessment, such amount would be due. Upon
the filing of the bond the collection of so much of the amount assessed
as is covered by the bond shall be stayed. The taxpayer shall have the
right to waive such stay at any time in respect of the whole or any part
of the amount covered by the bond, and if as a result of such waiver any
part of the amount covered by the bond is paid, then the bond shall at
the request of the taxpayer, be proportionately reduced. If any portion
of the jeopardy assessment is abated, or if a notice of deficiency under
section one hundred twenty-nine is mailed to the taxpayer in a lesser
amount, the bond shall, at the request of the taxpayer, be
proportionately reduced.

(i) Petition to director of finance.--If the bond is given before the
taxpayer has filed his petition under section one hundred thirty-seven,
the bond shall contain a further condition that if a petition is not
filed within the period provided in such section, then the amount, the
collection of which is stayed by the bond, will be paid on notice and
demand at any time after the expiration of such period, together with
interest thereon from the date of the jeopardy notice and demand to the
date of notice and demand under this subdivision. The bond shall be
conditioned upon the payment of so much of such assessment (collection
of which is stayed by the bond) as is not abated by a decision of the
director of finance which has become final. If the director of finance
determines that the amount assessed is greater than the amount which
should have been assessed, then the bond shall, at the request of the
taxpayer, be proportionately reduced when the decision of the director
of finance is rendered.

(j) Stay of sale of seized property pending director of finance
decision.--Where a jeopardy assessment is made, the property seized for
the collection of the tax shall not be sold--

(1) if subdivision (b) is applicable, pior to the issuance of the
notice of deficiency and the expiration of the time provided in section
one hundred thirty-seven for filing a petition with the director of
finance, and

(2) if a petition is filed with the director of finance (whether
before or after the making of such jeopardy assessment), prior to the
expiration of the period during which the assessment of the deficiency
would be prohibited if subdivision (a) were not applicable.

Such property may be sold if the taxpayer consents to the sale, or if
the director of finance determines that the expenses of conservation and
maintenance will greatly reduce the net proceeds, or if the property is
perishable.

(k) Interest.--For the purpose of subdivision (a) of section one
hundred thirty-two, the last date prescribed for payment shall be
determined without regard to any notice and demand for payment issued
under this section prior to the last date otherwise prescribed for such
payment.

(l) Early termination of taxable year.--If the director of finance
finds that a taxpayer designs quickly to depart from this state or to
remove his property therefrom, or to conceal himself or his property
therein, or to do any other act tending to prejudice or to render wholly
or partly ineffectual proceedings to collect the income tax for the
current or the preceeding taxable year unless such proceedings be
brought without delay, the director of finance shall declare the taxable
period for such taxpayer immediately terminated, and shall cause notice
of such finding and declaration to be given the taxpayer, together with
a demand for immediate payment of the tax for the taxable period so
declared terminated and of the tax for the preceeding taxable year or so
much of such tax as is unpaid, whether or not the time otherwise allowed
by law for filing return and paying the tax has expired; and such taxes
shall thereupon become immediately due and payable. In any proceeding
brought to enforce payment of taxes made due and payable by virtue of
the provisions of this subdivision, the finding of the director of
finance made as herein provided, whether made after notice to the
taxpayer or not, shall be for all purposes presumptive evidence of
jeopardy.

(m) Reopening of taxable period.--Notwithstanding the termination of
the taxable period of the taxpayer by the director of finance as
provided in subdivision (l), the director of finance may reopen such
taxable period each time the taxpayer is found by the director of
finance to have received income, within the current taxable year, since
the termination of such period. A taxable period so terminated by the
director of finance may be reopened by the taxpayer if he files with the
director of finance a true and accurate return of taxable income and
credits allowed under this title for such taxable period, together with
such other information as the director of finance may by regulations
prescribe.

(n) Furnishing of bond where taxable year is closed by the director of
finance.--Payment of taxes shall not be enforced by any proceedings
under the provisions of subdivision (1) prior to the expiration of the
time otherwise allowed for paying such taxes if the taxpayer furnishes,
under regulations prescribed by the director of finance, a bond to
insure the timely making of returns with respect to, and payment of,
such taxes or any taxes under this title for prior years.