Sec. 18. When sentencing a defendant following a
prosecution for delivery, possession, or manufacture of a controlled
substance in violation of IC 35-48-4, the court may consider evidence
of the accused's failure to pay the excise tax required by this chapter.
If the court finds that the defendant failed to pay the excise tax, the
court may order the department to commence collection proceedings
for the tax and any penalties, as part of the court's sentencing order.
As added by P.L.65-1996, SEC.5.
Notes of Decisions
Cited in
4
cases, 1995–2002 · leading case:
Bryant v. State, 660 N.E.2d 290 (Ind. 1996).
Bryant v. State, 660 N.E.2d 290 (Ind. 1996).
· cites it 2× “33 B Indiana Code § 6-7-3-18 (1998) provides that the Department of Revenue shall proceed to assess and collect CSET due under Ind.”
State of Indiana Dep't of Revenue v. Adams, 762 N.E.2d 728 (Ind. 2002).
· cites it 2× “Instead, they are issued under Ind.Code § 6-8.1-5-8. Id. As such, the Department will be able to issue jeopardy warrants and levy on CSET assessments in most cireumstances without violating the Fourth Amendment.”
Ford v. Indiana Dep't of State Revenue, 779 N.E.2d 1274 (Ind. T.C. 2002).
· cites it 2× “Ford (Ford) appeals the final determination of the Indiana Department of State Revenue (Department) assessing Ford for the Controlled Substance Excise Tax (CSET) 1 lability under Indiana Code Section 6-7-3-18. Ford raises two issues: I.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.