Any taxpayer aggrieved because of any order, decision, determination or disallowance of the Commissioner of Revenue Services under section
12-418,
12-421 or
12-425 may, not later than thirty days after service upon the taxpayer of notice of such order, decision, determination or disallowance, take an appeal therefrom to the superior court for the judicial district of New Britain, which shall be accompanied by a citation to the Commissioner of Revenue Services to appear before said court. Such citation shall be signed by the same authority, and such appeal shall be returnable at the same time and served and returned in the same manner, as is required in case of a summons in a civil action. The authority issuing the citation shall take from the appellant a bond or recognizance to the state of Connecticut, with surety to prosecute the appeal to effect and to comply with the orders and decrees of the court in the premises. Such appeals shall be preferred cases, to be heard, unless cause appears to the contrary, at the first session, by the court or by a committee appointed by it. Said court may grant such relief as may be equitable and, if such tax has been paid prior to the granting of such relief, may order the Treasurer to pay the amount of such relief, with interest at the rate of two-thirds of one per cent per month or fraction thereof, to the aggrieved taxpayer. If the appeal has been taken without probable cause, the court may tax double or triple costs, as the case demands; and, upon all such appeals which are denied, costs may be taxed against the appellant at the discretion of the court, but no costs shall be taxed against the state.
(1949 Rev., S. 2106; 1955, S. 1173d; 1971, P.A. 870, S. 35; P.A. 76-436, S. 317, 681; P.A. 77-614, S. 139, 610; P.A. 78-280, S. 5, 127; P.A. 88-230, S. 1, 12; P.A. 89-343, S. 11, 17; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-26, S. 18, 52; 95-220, S. 4–6; P.A. 99-215, S. 24, 29; P.A. 19-186, S. 18.)
History: 1971 act substituted court of common pleas for superior court, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless matters pending are transferable; P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978; P.A. 77-614 substituted commissioner of revenue services for tax commissioner, effective January 1, 1979; P.A. 78-280 substituted judicial district of Hartford-New Britain for Hartford county; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 89-343 increased the rate of interest on the amount of relief ordered by the court from 6% to 9% per annum; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-26 lowered interest rate from 9% per annum to 0.66% per month, effective July 1, 1995, and applicable to taxes due and owing on or after July 1, 1995, whether or not those taxes first became due before said date; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced “judicial district of Hartford” with “judicial district of New Britain”, effective June 29, 1999; P.A. 19-186 replaced “within one month” with “not later than thirty days”, effective July 8, 2019.
Cited. 145 C. 161; 158 C. 236; 168 C. 597; 170 C. 556; 183 C. 566; 187 C. 581; 198 C. 413; Id., 624; 204 C. 137; 205 C. 761; 206 C. 337; 210 C. 401; Id., 413; 211 C. 246; 212 C. 454; 213 C. 365; 214 C. 292; 217 C. 220; 220 C. 749; 221 C. 166; Id., 751; 222 C. 49; 231 C. 315; Id., 378; 235 C. 393; Id., 737; 236 C. 613; Id., 701; 238 C. 571; Id., 761; 242 C. 599.
Cited. 2 CA 165; judgment reversed, see 198 C. 413; 6 CA 261; 12 CA 417; 24 CA 72; 35 CA 72; 43 CA 744.
Cited. 30 CS 309; 31 CS 134. Equitable relief granted to taxpayer who innocently failed to file sales tax returns over 21-year period, recovery of sales tax limited to 3 years plus interest and penalty. Id., 373. Cited. 39 CS 234; Id., 247. Failure to serve an appeal from a decision of commissioner in manner prescribed by section deprives court of subject matter jurisdiction. 43 CS 10. Cited. 44 CS 1; Id., 297; Id., 472.
Notes of Decisions
DaimlerChrysler Corp. v. Law, 937 A.2d 675 (Conn. 2007).
· cites it 27× “Specifically, the plaintiff claims that the trial court improperly determined that its claims were barred by sovereign immunity because it was not an aggrieved taxpayer authorized to appeal from the defendant’s decision pursuant to General Statutes § 12-422, 2 and that the state…”
Kimberly-Clark Corp. v. Dubno, 527 A.2d 679 (Conn. 1987).
· cites it 10× “The plaintiff, thereafter, took a timely appeal to the Superior Court pursuant to General Statutes § 12-422. 4 At trial, the commissioner essentially attempted to establish that the exemption for the disputed devices *143 granted by the commissioner’s letter ruling was…”
Housatonic R.R. v. Comm'r of Revenue Servs., 21 A.3d 759 (Conn. 2011).
· cites it 12× “2d 675 (concluding that plaintiff was not "`taxpayer'" within meaning of General Statutes § 12-422, another tax appeal statute, and therefore "did not fall within the class of persons .”
Rainforest Cafe, Inc. v. Dep't of Revenue Servs., 977 A.2d 650 (Conn. 2009).
· cites it 6× “, appeals from the summary judgment rendered by the trial court in favor of the defendant, the department of revenue services, in the plaintiffs tax appeal brought pursuant to General Statutes § 12-422. 2 The plaintiff claims that the trial court improperly determined that a…”
Zachs v. Groppo, 542 A.2d 1145 (Conn. 1988).
· cites it 6× “” Thereafter the plaintiff filed this appeal to the Superior Court pursuant to General Statutes § 12-422. 9 The *688 trial court, Maloney, J.”
Blass v. Rite Aid of Connecticut, Inc., 16 A.3d 855 (Conn. Super. Ct. 2009).
· cites it 8× “An appeal from the Commissioner’s determination under § 12-425, in turn, is governed by General Statutes § 12-422, which provides in relevant part as follows: “Any taxpayer aggrieved because of any order, decision, determination or disallowance of the Commissioner of Revenue…”
Jade Aircraft Sales, Inc. v. Crystal, 674 A.2d 834 (Conn. 1996).
· cites it 13× “On November 20, 1992, pursuant to General Statutes § 12-422, 2 the *703 plaintiff appealed from the commissioner’s decision, alleging that the assessment was contrary to statutory law and that it violated the plaintiffs constitutional rights.”
United Illuminating Co. v. Groppo, 601 A.2d 1005 (Conn. 1992).
· cites it 4× “1 After a determination by the defendant, the commissioner of revenue services (commissioner), that the taxpayer was liable for a deficiency assessment for the period from January 1, 1983, through December 31,1985, the taxpayer appealed to the Superior Court pursuant to General…”
Key Air, Inc. v. Comm'r of Revenue Servs., 983 A.2d 1 (Conn. 2009).
· cites it 4× “4 General Statutes § 12-422 provides in relevant part: “Any taxpayer aggrieved because of any order, decision, determination or disallowance of the Commissioner of Revenue Services under section 12-418, 12-421 or 12-425 may, within one month after service upon the taxpayer of…”
Morton Bldgs., Inc. v. Bannon, 607 A.2d 424 (Conn. 1992).
· cites it 4× “(taxpayer), appealed to the trial court, pursuant to General Statutes § 12-422, 2 from a ruling of the defendant commissioner of revenue services (commissioner) that denied the taxpayer’s claim for a refund of use taxes.”
Am. Totalisator Co. v. Dubno, 555 A.2d 414 (Conn. 1989).
· cites it 7× “These consolidated appeals and cross appeals were brought to this court from judgments rendered in the Superior Court on appeals brought by the *403 plaintiffs pursuant to General Statutes § 12-422 1 from deficiency assessments of use taxes, penalties and interest 2 by the…”
Andersen Consulting, LLP v. Gavin, 767 A.2d 692 (Conn. 2001).
· cites it 3× “to 1993) § 12-422. 7 After a trial, the trial court found that the true object of the contracts was “to provide computer software programs that would meet [the] business needs [of the gas company and the electric company].”
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