Florida/Georgia Personal Injury & Workers Compensation

...& Tax’n, CS/SB 1176 (1985) Staff Analysis (May 13, 1985). 12 no merit in the Department’s contention that taxpayers’ rights will be negatively affected by our decision in this case. In reaching our conclusion, we are cognizant of the fact that section 220.705, Florida Statutes, which addresses corporate income tax, provides that “[n]o deficiency shall be assessed with respect to a taxable year for which a return was filed unless a notice of deficiency for such year was issued not later than the date prescribed in s. 95.091(3).” Both parties and the trial court likened a notice of deficiency in the corporate income tax context to a NOPA in the sales and use tax context. However, in light of section 213.21(1)(b), we find the Department’s reliance upon section 220.705 to be misplaced, and we conclude that the trial court erred in granting summary judgment in the Department’s favor....