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Form 8288-B online Palm Bay Florida: What You Should Know

D) The district court shall render an order providing for a refund of the excess withholding tax for all taxable years of the taxpayer which are subject to the excess withholding tax by order of the court, and ordering that any tax which had not been paid or due or to be paid with respect to any such period of time and which remains unpaid with respect to any tax on real property as a result of application (notwithstanding section 953(a)) for a withholding certificate or for the filing of a return as required under section 1461, shall be treated as paid at such later date as the court shall establish. If the district court refuses to order such refund because the record shows no evidence that the taxpayer made any attempt to avoid any payment of the tax, the tax shall be refunded with interest from the date of the filing of the complaint. In determining the amount of interest, it is presumed that the time from the date of receipt of a notice of deficiency, determination of liability, order or other court order requiring payment of the tax until the date of the receipt of a refund would be continuous, however, upon objection by the taxpayer or the taxpayer's assignee, the time from the date of the appeal to the date of the filing of the complaint shall be treated as continuous. (E) The district court shall make such other orders to ensure a proper refund and shall not vacate a refund order of the court. (2) A tax assessment return for a taxable year in which all or any part of an amount is withheld from a taxpayer's gross income under chapter 61 of the Code or a tax return filed under chapter 718 of the Code, is not filed with the district court. (D) The district court shall not vacate a refund order issued under subsection (c)(2). (3) If a tax assessment return for a taxable year in which all or any part is withheld under sections 61 and 718 of the Code is properly filed with the district court, the taxpayer shall pay the tax assessment on or before the due date of a return, regardless of the date a tax return is filed. The district court, in determining the amount of the refund, shall consider only the amounts withheld on or before the due date of the return.

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