Dansby v. STATE DEPT. OF REVENUE
Dansby v. STATE DEPT. OF REVENUE
Opinion
This is a tax case.
The Department of Revenue (Department) entered a final jeopardy assessment of taxes and penalties due from the taxpayer in accordance with Ala. Code 1975, §
The dispositive issue raised by the taxpayer is whether the dismissal of his appeal by the trial court is proper.
The taxpayer argues that dismissing his appeal denies him due process of law. He contends that he fully complied with the statutory requirements to perfect the appeal in that he paid the taxes and the filing fee. He also argues that he relied on a statement from an employee of the Department that he must either pay the tax or *Page 1067 post an adequate bond to perfect his appeal.
The proper appeal procedure as set out in Ala. Code 1975, §
"If a taxpayer . . . is dissatisfied with a final assessment as fixed . . . he may appeal from said final assessment . . . to the circuit court of the county in which the taxpayer resides . . . by filing a notice of appeal with the secretary of the department of revenue and with the clerk or register of the circuit court . . . within 30 days from the date of said final assessment . . . and in addition thereto, by giving bond conditioned to pay all costs to be filed with and approved by the clerk or register of the court to which the appeal shall be taken."
This court has previously reviewed the statutory requirements of §
Clearly, the filing of a cost bond is a condition precedent to perfecting an appeal under §
Further, taxpayer's claim that he relied on information provided him by a Department employee is without merit. The letter to which he refers, a copy of which is provided in his brief, clearly cautioned him to "carefully comply with the provisions of §
In view of the foregoing, we find that the trial court did not err in dismissing the appeal, and this case is due to be affirmed.
AFFIRMED.
INGRAM, P.J., and RUSSELL, J., concur.
Reference
- Full Case Name
- Bobby Earl Dansby v. State of Alabama, Department of Revenue.
- Cited By
- 4 cases
- Status
- Published