HARRY HUGHES, Governor

2145

of this section, [one hundred] 100 percent [(100%)] of the
tax due, plus interest at the rate of [one] 1 percent [(1%)]
per month or fraction of a month from the time the tax was
due until paid.

(c)  Any taxpayer who fails to file [proper] returns
and pay the tax due with penalty and interest within [ten
(10)] 10 days of receiving notice from the Comptroller
advising him of his delinquency, shall in addition to the
foregoing penalty be assessed a penalty of [twenty-five] 25
percent [(25%)] of the tax due.

(d)  When both vendor and purchaser are liable for any
tax, an assessment may be levied against either of them, but
such assessment shall not be considered an election of
remedies nor bar an assessment against the other for the
same tax or any portion thereof which remains unpaid.

(e)  All amounts received from any taxpayer shall be
credited first to penalty and interest accrued and then to
the tax due.

345.

(A) If the Comptroller finds from an examination of
the returns or records of any taxpayer or otherwise that the
taxpayer has filed an incorrect return and paid less than
the amount of the tax due under this subtitle, he shall levy
a deficiency assessment against the taxpayer[.], WHICH SHALL
BE PRIMA FACIE CORRECT. The assessment shall include the
amount of the deficiency, as found by the Comptroller, plus
[one of the following amounts:] A PENALTY OF 10 PERCENT OF
THE TAX DUE AND INTEREST AT THE RATE OF 3/4 OF 1 PERCENT PER
MONTH OR FRACTION OF A MONTH FROM THE TIME THE TAX WAS DUE
UNTIL PAID.

[(1) If the Comptroller finds that the deficiency was
not due to an attempt to defraud, there shall be added a
penalty of ten percent (10%), plus interest at the rate of
three quarters of one percent per month or fraction of a
month from the time the tax was due until paid.

(2)] (B) If the Comptroller finds that any part of the
deficiency is due to fraud with an attempt to evade the tax,
[there shall be added a penalty of one hundred] THEN THE
PENALTY SHALL BE, IN LIEU OF THE PENALTY MORE SPECIFICALLY
PROVIDED FOR BY SUBSECTION (A) OF THIS SECTION, 100 percent
[(100%)], [and] PLUS interest at the rate of [one] 1 percent
[(1%)] per month or fraction of a month from the time the
tax was due until paid.

[(a)] (C) Any taxpayer who fails to [file correct
returns and] pay the tax due with penalty and interest
within [ten] 10 days of receiving notice from the
Comptroller [advising him of the amount of his deficiency]
DEMANDING PAYMENT OF A FINAL ASSESSMENT, shall in addition
to the foregoing [penalties] PENALTY be assessed a penalty
of [twenty-five] 25 percent [(25%)] of the tax due.