5
‘game’ when the clock is restarted. By definition, to ‘toll’ a statute of limitations means to interrupt the
running of it.”
12
Therefore, when an assessor sends notification that a taxpayer’s business is going to be
audited, the date the notice is sent tolls the September 1 deadline. Or to analogize as a “time out,” the
notification stops the running of the remaining days before the September 1 deadline. This is an example
of what it means to toll:
Let’s assume that an audit notice for tax year 2008 is sent to a taxpayer on August 1,
2009. The deadline to certify a back assessment or reassessment for tax year 2008 is
September 1, 2009 (this assumes that a reporting schedule was filed). There are 31 days
from August 1 to September 1. These 31 days are tolled—or the running of the 31 days is
stopped—until the audit findings are issued to the taxpayer. Once issued, the assessor has
31 days to certify a back assessment or reassessment to the collecting official. In other
words, the “time out” is over and the “clock” starts running again. If the audit findings
are issued on March 1, 2010, the assessor must certify the back assessment or
reassessment on or before April 1, 2010.
VI. Counting the days being tolled.
The days tolled are counted the same way as described in IV. on page 4—do not count the first
day tolled but count the September 1 deadline. Again, you are counting calendar, not business, days.
An audit notice is sent on August 1, 2009—this begins the tolling period. The deadline to
certify a back assessment or reassessment is September 1, 2009. Start counting on August
2. When you count to September 1, you will have counted 31 days. These 31 days are
tolled until the audit findings are issued to the taxpayer.
VII. Counting the days after audit findings are issued to the taxpayer.
The days tolled during the audit period are not tolled indefinitely—they are only tolled during
the duration of the audit.
13
So when audit findings are issued to the taxpayer, the tolling period ends.
14
Now the “clock” starts running for the assessor to certify a back assessment or reassessment. If 31 days
were tolled and the audit findings were issued on March 1, 2010, you would start counting on March 2.
The last day to certify is April 1, 2010. After this date, the assessor loses the right to back assess or
reassess.
12
Republic Plastics, LP (Knox County, Tax Years 2004–06, Initial Decision and Order, December 31, 2008) at 4 (citation
omitted).
13
See Alcoa, Inc. (Blount County, Tax Years 2001–03, Initial Decision and Order, February 17, 2006) at 4 (“The ‘tolling’ of
a statute of limitations does not mean that it is suspended indefinitely. Rather, section 67-1-1005(d) merely stops the ‘clock’
from running for the duration of the audit.”). The Assessment Appeals Commission affirmed the Initial Decision and Order
on June 4, 2008.
14
See Hardin’s Sysco Food Service, Inc. (Shelby County, Tax Year 2006, Initial Decision and Order, January 28, 2009) at 2–
3 (“[I]t was not until the Assessor’s office . . . communicated the ‘results of our audit’ to the taxpayer . . . that the remaining
19-day period began. . . . [T]he administrative judge must deem the ‘audit findings’ contemplated by Tenn. Code Ann.
section 67-1-1005(d) to be those actually submitted to the taxpayer by the Assessor or her designee.”) (emphasis in original);
see also Pittco, Inc. (Shelby County, Tax Years 2002–04, Initial Decision and Order, February 17, 2006) at 4 (“[T]he the
mailing of the ‘audit findings’ to the taxpayer . . . undoubtedly marked the end of the tolling period . . . . [S]ection 67-1-
1005(d) was surely not intended to give the Assessor an indefinite period within which to ponder audit findings and decide
whether to initiate a back assessment or reassessment.”).