§ 1411. Determination of tax. (a) If a return required by this article
is not filed, or if a return when filed is incorrect or insufficient,
the amount of tax due shall be determined by the commissioner of
taxation and finance from such records or information as may be
obtainable, including the assessed valuation of the real property or
interest therein and other appropriate factors. Notice of such
determination shall be given to the person liable for the payment of the
tax. Such determination shall finally and irrevocably fix the tax unless
the person against whom it is assessed, within ninety days after the
giving of notice of such determination, shall petition the division of
tax appeals for a hearing, or unless the commissioner of taxation and
finance of the commissioner's own motion shall redetermine the same. In
any case before the division of tax appeals under this article, the
burden of proof shall be on the petitioner. After such hearing, the
division of tax appeals shall give notice of the determination of the
administrative law judge to the person against whom the tax is assessed
and the commissioner of taxation and finance. Such determination may be
reviewed by the tax appeals tribunal as provided in article forty of
this chapter. The decision of the tax appeals tribunal may be reviewed
as provided in section two thousand sixteen of this chapter. A
proceeding for judicial review shall not be instituted unless: (1) the
amount of any tax sought to be reviewed, with penalties and interest
thereon, if any, shall be first deposited with the commissioner of
taxation and finance and there shall be filed with the commissioner of
taxation and finance an undertaking, issued by a surety company
authorized to transact business in this state and approved by the
superintendent of financial services of this state as to solvency and
responsibility, in such amount and with such sureties as a justice of
the supreme court shall approve, to the effect that if such proceeding
be dismissed or the tax confirmed, the petitioner will pay all costs and
charges which may accrue in the prosecution of the proceeding; or (2) at
the option of the petitioner, such undertaking filed with the
commissioner of taxation and finance may be in a sum sufficient to cover
the taxes, penalties and interest thereon stated in such decision, plus
the costs and charges which may accrue against him in the prosecution of
the proceeding, in which event the petitioner shall not be required to
deposit such taxes, penalties and interest as a condition precedent to
the commencement of the proceeding.

(b) A person liable for the tax imposed by this article (whether or
not a determination assessing a tax pursuant to subdivision (a) of this
section has been issued) shall be entitled to have a tax due finally and
irrevocably fixed prior to the ninety-day period referred to in
subdivision (a) of this section, by filing with the commissioner of
taxation and finance a signed statement in writing in such form as the
commissioner of taxation and finance shall prescribe, consenting
thereto.