| | | A summons that relates to any return may not be treated as | | a designated summons if a prior summons that relates to | | that return was treated as a designated summons for | | purposes of this section. |
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| | | B.__"Judicial enforcement period" means, with respect to | | any summons, the period that: |
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| | | (1)__Begins on the day on which a court proceeding | | with respect to a designated summons is brought; and |
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| | | (2)__Ends on the day on which there is a final | | resolution as to the summonsed person's response to | | the designated summons. |
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| | | C.__"Period of limitations" means the period of | | limitations provided in section 176-B on the making of | | assessments or the collection by levy or a proceeding in | | court, in respect of any deficiency relating to any taxes | | imposed by the State. |
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| | | 2.__Issuance of notice of deficiency.__After the mailing of | | a notice of deficiency, the running of the period of | | limitations is suspended: |
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| | | A.__For the period during which the assessor is prohibited | | from making the assessment or from collecting by levy or a | | proceeding in court; and |
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| | | B.__If a proceeding in respect of the deficiency is placed | | on the docket of any state court, until the decision of | | the applicable state court becomes final, and for 60 days | | after the effective date of that decision. |
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| | | 3.__Corporations.__If a notice in respect of a deficiency in | | tax imposed by Part 4 for any taxable year is mailed to a | | corporation, the suspension of the running of the period of | | limitations provided in subsection 2 applies in the case of | | corporations with which that corporation made a consolidated | | income tax return for that taxable year. |
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| | | 4.__Assets of taxpayer in control or custody of court.__The | | period of limitations on collection after assessment is | | suspended for the period the assets of the taxpayer are in the | | control or custody of the court in any proceeding before any | | court of the United States or of any state or of the District | | of Columbia, and for 6 months after the release or discharge | | of those assets. |
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| | | 5.__Taxpayer outside United States.__The running of the | | period of limitations on collection after assessment is | | suspended for the period during which the taxpayer is outside | | the United |
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