Illinois Compiled Statutes
35 ILCS 5/904 (2026)
Deficiencies and Overpayments
✓ current as of May 2026
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(35 ILCS 5/904)
(from Ch. 120, par. 9-904)
Sec. 904.
Deficiencies and Overpayments.
(a) Examination of return. As soon as practicable after a return is
filed, the Department shall examine it to determine the correct amount of
tax. If the Department finds that the amount of tax shown on the return is
less than the correct amount, it shall issue a notice of deficiency to the
taxpayer which shall set forth the amount of tax and penalties proposed to
be assessed. If the Department finds that the tax paid is more than the
correct amount, it shall credit or refund the overpayment as provided by
Section 909. The findings of the Department under this subsection shall
be prima facie correct and shall be prima facie evidence of the correctness
of the amount of tax and penalties due.
(b) No return filed. If the taxpayer fails to file a tax return, the
Department shall determine the amount of tax due according to its best
judgment and information, which amount so fixed by the Department shall be
prima facie correct and shall be prima facie evidence of the correctness of
the amount of tax due. The Department shall issue a notice of deficiency to
the taxpayer which shall set forth the amount of tax and penalties proposed
to be assessed.
(c) Notice of deficiency. A notice of deficiency issued under this
Act shall set forth the adjustments giving rise to the proposed assessment
and the reasons therefor. In the case of a joint return, the notice of
deficiency may be a single joint notice except that if the Department is
notified by either spouse that separate residences have been established,
it shall issue joint notices to each spouse.
(d) Assessment when no protest. Upon the expiration of 60 days after
the date on which it was issued (150 days if the taxpayer is outside the
United States), a notice of deficiency shall constitute an assessment of
the amount of tax and penalties specified therein, except only for such
amounts as to which the taxpayer shall have filed a protest with the
Department, as provided in Section 908.
(Source: P.A. 87-192; 87-205.)
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1998–2026 · leading case: Metro. Life Ins. Co. v. Hamer, 2013 IL 114234 (Ill. 2013).
Metro. Life Ins. Co. v. Hamer, 2013 IL 114234 (Ill. 2013). “35 ILCS 5/904(a) (West 2004). If the Department finds that the tax amount shown on the return is less than the correct amount of tax, the Department “shall issue a notice of deficiency to the taxpayer which shall set forth the amount of tax and penalties proposed to be assessed.”
Nat'l City Corp. & Subsidiaries v. Dep't of Revenue, 851 N.E.2d 224 (Ill. App. Ct. 2006). “” 35 ILCS 5/904(a) (West 2000). The taxpayer may protest the proposed assessment “in such form as the Department may by regulations prescribe.”
AT&T Teleholdings, Inc. v. Dep't of Revenue, 2012 IL App (1st) 113053 (Ill. App. Ct. 2012). “See 35 ILCS 5/904, 908 (West 2000). Instead, the Department’s correction of Ameritech’s return was made pursuant to its authority to summarily correct a “mathematical error” on a taxpayer’s return.”
Peoria & Pekin Union Ry. Co. v. Dep't of Revenue, 704 N.E.2d 884 (Ill. App. Ct. 1998). “" 35 ILCS 5/904(c) (West 1996). The notice, which is set out above, informed the railway that the pre-1986 operating losses were being changed to zero.”
People ex rel. Lindblom v. Sears Brands, LLC, 2018 IL App (1st) 171468 (Ill. App. Ct. 2018). “¶ 15 During an audit, the Department examines the procedures a taxpayer has used in tax returns to calculate the tax base, any exemptions and deductions claimed, and the overall accuracy of the tax return filed.”
Hollinger Int'l, Inc. v. Bower, 841 N.E.2d 447 (Ill. App. Ct. 2005). “35 ILCS 5/904(a) (West 2000). Section 1005(a) of the Income Tax Act requires that if any amount of tax to be shown on a return is not paid on or before the date required for filing such return, a penalty shall be imposed in the manner and rate prescribed by the Uniform Penalty…”
People ex rel. Lindblom v. Sears Brands, LLC, 2018 IL App (1st) 171468 (Ill. App. Ct. 2018). “35 ILCS 5/904(a) (West 2014); Ill. Dep’t of Revenue, Illinois Audit Information, http://tax.”
In Re: Envirodyne Indus., Inc., Debtors-Appellees. Appeal Of: Illinois Dep't of Revenue, 354 F.3d 646 (7th Cir. 2004). “2d 13 (2000); see 35 ILCS 5/904(a); Ill. Admin. Code tit. 86, § 100.”
Nat'l City Corp. v. Dep't of Revenue (Ill. App. Ct. 2006). “" 35 ILCS 5/904(a) (West 2000). The taxpayer may protest the proposed assessment "in such form as the Department may by regulations prescribe.”
Ford (C.D. Ill. 2026). “36 at ¶ 16); see 35 ILCS 5/904 (“As soon as practicable after a return is filed, the Department shall examine it to determine the correct amount of tax.”
Ford Motor Co. & Affiliates v. The Dep't of Revenue, 2019 IL App (1st) 172663 (Ill. App. Ct. 2019). “35 ILCS 5/904(a) (West 2016). The burden of proving entitlement to a deduction is on the taxpayer.”
Envirodyne Industrie v. IL Dept Revenue (7th Cir. 2004). “15, 20-22 (2000); see 35 ILCS 5/904(a); Ill. Admin. Code tit. 86, § 100.”
— 35 ILCS 5/904(a) — 10 cases
Metro. Life Ins. Co. v. Hamer, 2013 IL 114234 (Ill. 2013). “35 ILCS 5/904(a) (West 2004). If the Department finds that the tax amount shown on the return is less than the correct amount of tax, the Department “shall issue a notice of deficiency to the taxpayer which shall set forth the amount of tax and penalties proposed to be assessed.”
Nat'l City Corp. & Subsidiaries v. Dep't of Revenue, 851 N.E.2d 224 (Ill. App. Ct. 2006). “” 35 ILCS 5/904(a) (West 2000). The taxpayer may protest the proposed assessment “in such form as the Department may by regulations prescribe.”
AT&T Teleholdings, Inc. v. Dep't of Revenue, 2012 IL App (1st) 113053 (Ill. App. Ct. 2012). “See 35 ILCS 5/904, 908 (West 2000). Instead, the Department’s correction of Ameritech’s return was made pursuant to its authority to summarily correct a “mathematical error” on a taxpayer’s return.”
People ex rel. Lindblom v. Sears Brands, LLC, 2018 IL App (1st) 171468 (Ill. App. Ct. 2018). “¶ 15 During an audit, the Department examines the procedures a taxpayer has used in tax returns to calculate the tax base, any exemptions and deductions claimed, and the overall accuracy of the tax return filed.”
Hollinger Int'l, Inc. v. Bower, 841 N.E.2d 447 (Ill. App. Ct. 2005). “35 ILCS 5/904(a) (West 2000). Section 1005(a) of the Income Tax Act requires that if any amount of tax to be shown on a return is not paid on or before the date required for filing such return, a penalty shall be imposed in the manner and rate prescribed by the Uniform Penalty…”
— 35 ILCS 5/904(c) — 3 cases
Peoria & Pekin Union Ry. Co. v. Dep't of Revenue, 704 N.E.2d 884 (Ill. App. Ct. 1998). “" 35 ILCS 5/904(c) (West 1996). The notice, which is set out above, informed the railway that the pre-1986 operating losses were being changed to zero.”
Nat'l City Corp. & Subsidiaries v. Dep't of Revenue, 851 N.E.2d 224 (Ill. App. Ct. 2006). “” 35 ILCS 5/904(a) (West 2000). The taxpayer may protest the proposed assessment “in such form as the Department may by regulations prescribe.”
Nat'l City Corp. v. Dep't of Revenue (Ill. App. Ct. 2006). “" 35 ILCS 5/904(a) (West 2000). The taxpayer may protest the proposed assessment "in such form as the Department may by regulations prescribe.”
— 35 ILCS 5/904(d) — 2 cases
Metro. Life Ins. Co. v. Hamer, 2013 IL 114234 (Ill. 2013). “35 ILCS 5/904(a) (West 2004). If the Department finds that the tax amount shown on the return is less than the correct amount of tax, the Department “shall issue a notice of deficiency to the taxpayer which shall set forth the amount of tax and penalties proposed to be assessed.”
Nat'l City Corp. & Subsidiaries v. Dep't of Revenue, 851 N.E.2d 224 (Ill. App. Ct. 2006). “” 35 ILCS 5/904(a) (West 2000). The taxpayer may protest the proposed assessment “in such form as the Department may by regulations prescribe.”
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