House File 2465 S-5242 Amend the amendment, S-5236, to House File 2465, 1 as amended, passed, and reprinted by the House, as 2 follows: 3 1. Page 10, after line 2 by inserting: 4 < Sec. ___. Section 421.60, subsection 2, paragraph 5 i, Code Supplement 2011, is amended to read as follows: 6 i. (1) The director may, at any time, abate any 7 unpaid portion of assessed tax, interest, or penalties 8 which the director determines is erroneous, illegal, 9 or excessive. 10 (2) The director may, at any time, abate any 11 unpaid portion of assessed interest upon a showing of 12 substantial evidence by the taxpayer of any of the 13 following conditions: 14 (a) The assessment of interest was due to 15 unreasonable delay by the department. 16 (b) The assessment of interest was due to an 17 erroneous refund that was not in any way caused by the 18 taxpayer. 19 (c) The assessment of interest was due to 20 applicable, documented, written advice from the 21 department that was relied upon by the taxpayer, 22 which advice was provided specifically to the taxpayer 23 pursuant to a written request from the taxpayer, 24 and which advice has not been superseded by a court 25 decision, ruling by a quasi-judicial body, or the 26 adoption, amendment, or repeal of a rule of law. 27 (d) The assessment of interest was due to 28 applicable, documented, written advice or position 29 by the department or another state agency that was 30 reasonably relied upon by the taxpayer, which advice or 31 position has not been superseded by a court decision, 32 ruling by a quasi-judicial body, or the adoption, 33 amendment, or repeal of a rule of law. 34 (3) The director shall prepare quarterly reports 35 summarizing each case in which abatement of tax, 36 interest, or penalties was made. However, the report 37 shall not disclose the identity of the taxpayer. > 38 2. By renumbering as necessary. 39 ______________________________ BRAD ZAUN ______________________________ JAMES A. SEYMOUR -1- S5236.6089 (2) 84 mm/tm 1/ 1 #1. #2.