A penalty of three hundred percent (300%) of the tax due will be assessed if it is proved by preponderance of the evidence, from the taxpayer's records that tax was collected and then knowingly and intentionally not remitted. The taxpayer cannot be presumed to have collected the tax. The penalty can be assessed in addition to the ten percent (10%) or the fifty percent (50%) late pay penalty.
35 Miss. Code. R. 4-01-02-103