Stay of Collection

Pending decisions under an informal hearing pursuant to § 26104, or pending a review pursuant to § 26107, the taxpayer may stay collection of an assessment, by furnishing a bond or other security in such amount as the Tax Commissioner may deem necessary, not exceeding double the amount of the tax, with penalties and interest, as to which the stay is desired. SOURCE: GC § 19507 as added by P.L. 5-132:3 (Aug. 29, 1960). COMMENT: The District Court of Guam Case, Blaz v. Perez (Real Party in Interest, Guam Oil & Refining Co. Inc.), Civ. Case 6-72 (Jan. 24, 1972) is not published and was shown to the Compiler of Laws in December 1995. As part of the ruling, the District Court held: That § 19507 [this section] of the Government Code of Guam has never been repealed and is still in effect; that the alleged repeal of §19507 of the Government Code of Guam as set forth in the current 1970 edition is a compiler’s error; that §19507 of the Government Code of Guam as set forth in the 1970 edition is not codified and not binding on anyone as it is not the law; and that the compiler thereof cannot legislate and had no authority to publish §19507 of the Government Code of Guam as such section appears in the current 1970 edition of such code. AG OPINION: See DRT 90-1218 (8/31/90) which arrives at the same conclusion as did Blaz v. Perez, but through independent reasoning. It appears that the Attorney General was, at that time, unaware of the controlling case.