Tennessee Code Annotated

Tenn. Code Ann. § 67-1-802 (2026)

Abatement or waiver of penalty

✓ current as of May 2026
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The commissioner is authorized to abate, in whole or in part, any statutory penalty imposed under any revenue laws administered by the commissioner in any case of deficiency tax collection made by the department in connection with an audit conducted by it, if the commissioner determines that the payment by a taxpayer of a tax in an amount less than that due under the applicable laws and rules and regulations relates to a taxable period covered by a timely filed return and is not the result of:

Acts 1921, ch. 113, § 2; impl. am. Acts 1923, ch. 7, §§ 19, 24; Acts 1923, ch. 106, § 1; Shan. Supp., § 809a8; Code 1932, § 1478; impl. am. Acts 1937, ch. 33, § 50; impl. am. Acts 1959, ch. 9, § 14; Acts 1965, ch. 5, § 1; 1965, ch. 154, § 1; 1970, ch. 500, § 2; 1970, ch. 559, § 4; 1973, ch. 151, § 1; 1973, ch. 368, § 1; 1973, ch. 373, § 1; 1977, ch. 106, § 1; 1978, ch. 599, § 1; 1980, ch. 460, § 1; 1981, ch. 34, § 1; 1983, ch. 148, § 1; T.C.A. (orig. ed.), § 67-101(4); Acts 1988, ch. 526, § 7.


Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: Emerachem Power, LLC v. David Gerregano (Tenn. Ct. App. 2020).
Emerachem Power, LLC v. David Gerregano (Tenn. Ct. App. 2020). · cites it 4× “However, under Tennessee Code Annotated section 67-1-802 and - 803, the Commissioner’s authority to waive or abate penalties may be exercised to waive or abate in “whole or in part, any statutory penalty imposed under any revenue laws administered by the commissioner.”
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