§ 66-723. Corporate officer or employee; personal liability; collection of taxes; procedures; hearing.
AI-assisted research summary: A corporate officer or employee who controls motor fuel tax compliance can be personally liable if they willfully fail to make the corporation act. The Tax Commissioner must provide a redetermination process and hearing if the person petitions within 60 days after notice and demand.
(1) Any corporate officer or employee with the authority to decide whether the corporation will pay the taxes imposed upon a corporation by the motor fuel laws, to file any reports or returns required by the motor fuel laws, or to perform any other act required of a corporation under the motor fuel laws shall be personally liable for the payment of the taxes, interest, penalties, or other administrative penalties in the event of willful failure on his or her part to have the corporation perform such act. Such taxes shall be collected in the same manner as provided under the Uniform State Tax Lien Registration and Enforcement Act. (2) Within sixty days after the day on which the notice and demand are made for the payment of such taxes, any corporate officer or employee seeking to challenge the Tax Commissioner's determination as to his or her personal liability for the corporation's unpaid taxes may petition for a redetermination. The petition may include a request for the redetermination of the personal liability of the corporate officer or employee, the redetermination of the amount of the corporation's unpaid taxes, or both. If a petition for redetermination is not filed within the sixty-day period, the determination becomes final at the expiration of the period. (3) If the requirements prescribed in subsection (2) of this section are satisfied, the Tax Commissioner shall abate collection proceedings and shall grant the corporate officer or employee an oral hearing and give him or her ten days' notice of the time and place of such hearing. The Tax Commissioner may continue the hearing from time to time as necessary. (4) Any notice required under this section shall be served personally or by mail in the manner provided in section 66-721. (5) If the Tax Commissioner determines that further delay in the collection of such taxes from the corporate officer or employee will jeopardize future collection proceedings, nothing in this section shall prevent the immediate collection of such taxes. (6) For purposes of this section: (a) Corporation shall mean any corporation and any other entity that is taxed as a corporation under the Internal Revenue Code; (b) Taxes shall mean all taxes and additions to taxes including interest and penalties imposed under the motor fuel laws which are administered by the Tax Commissioner; and (c) Willful failure shall mean that failure which was the result of an intentional, conscious, and voluntary action. History: Laws 1991, LB 627, § 118; Laws 1993, LB 440, § 13; Laws 1996, LB 1041, § 2; Laws 2000, LB 1067, § 29; Laws 2008, LB914, § 4.