Page:United States Statutes at Large Volume 42 Part 1.djvu/1532

 SIXTY-SEVENTH CONGRESS. Sess. IV. Ons. 276, 277. 1923. 1505 industries of the United States, and for other purposes} the Act of V°l·”·¥’· 166- October 3, 1913, entitled ‘An Act to reduce tariff duties andy to V°*·“°·PP·7“»1°°*· provide revenue for the Government, and for other urposes,’ the evenue Act of 1916, as amended, the Revenue Act o¥ 1917, or the V°l·‘°#I’P·“’°·‘°"’· Revenue Act of 1918, it appears that an amount of income, warprofits or exoess—proBts tax has been paid in excess of that pro rly due,_ then, notwithstanding the revisions of section 3228 oim the 6,% °‘· “°°‘ sm p" Revised Statutes, the amoimt of {Sie excess shall be credited against *’°**·P·¤5*¤· any income, war-profits or excess-proBts taxes, or installment thereof, Rm, °,mam_ then due from the taxpayer under any other return, and any balance Pmim. zimsze 5***;*** ‘.am¢“·*.$z*.*;".ad;2 :2. ***¤;¤P*·u=   J**‘““"“ ‘““"°‘ e, anosuc creiorre s owe ormaea r Bve years from the date when the return was due, unless before the expiration of such Bve years a claim therefor is Bled by the taxpayer, or unless before the expiration of two years from the time the tax was paid a claim there or is Bled by the taxpa er: Provided ,.,§,§°°{‘,§*°{,1§{,§'°*dY§{,‘}l further, That if the tax ayer has, within Bve gears from the time ¤m•dh“’,{;-§:_¤umg_" the return for the taxable year 1917 was due, led a waiver of his nm' right to have the taxes due for such taxable year determined and assessed within Bve years after the return was filed, such credit or refund shall be allowed or made if claim therefor is Bled either within six years from the time the return for such taxable year 1917 was due or within two years from the time the tax was paid: mmm www, Promkled further, That if upon examination of any return of income Hlinguelaim mavand made pursuant to the Revenue Act of 1917, the Revenue Act of 1918, $” ,§§.? or this Act, the invested capital of a taxpayer is decreased by the “°'“· eommissioner, and such decrease is due to the fact that the taxpayer failed to take adecpuate deductions in previous years, with the that an amount o income tax in execs of that pro rly duerwas paid in any previous year or years then, notwithd inghany other provision of law and regardless of the expiration of suc Bve-year period, the amount of such excess shall, without the Bling of any claim therefor, be credited or refunded as provided in this section: me cmmsmeaim. And providedifurtlwr, That nothing in this section shall be con· §§'m,{,°fm°' -*°” “°° strued to bar rom allowance claims for refund Bled prior to the passage of the Revenue Act of 1918 under subdivision (a) of sec-· ,,°,_,,,_p_,.,,_ tion 14 of the Revenue Act of 1916 or Bled prior to the passage VoL40,p.lG6. of this Act under section 252 of the Revenue Act of 1918. Tuwd ,,mm_ “(b) Where a tax has been paid under the provisions of section ":_:y&dv¤· 248. 25% 221 or 237 in excess of that properly due, any refund or credit made aeniudm withholdunder the provisions of this section or section 3228 of the Revised *”¥"¥°“‘· Statutes shall be made to the withholding agent unless the amount of such tax was actually withheld bg the withholding agent." (Mm ,0, mm_ Sno, 2. Section 3226 of the Revise Statutes, as amended by sec- ¤¤5&s;rg:¤l?¤¤:1¤y}g;¤;;it tion 1318 of the Revenue Act of 1921, is amended by inserting be- mupmuseuewme. fore the period_at the end thereof a comma and the following; “,;‘”“·P·3‘5·°"’°“‘*‘ “unless such suit or proceeding is begun withm two years after the disallowance of the part o such claim to which such suit or proceeding relates. The Commissioner shall within 90 days after any such disallowance notify the taxpayer thereof by mail ’. Approved, March 4, 1923. CHAP. 277.-An Act To continue the improvement of the Mississippi River and for the control of its Hoods. [P“bh"• N°·5”·’ TLZ, con . ling the {leeds of the Mississippi River and continuing its improve- °dY¤i-*°·¤·°*$·¤¤=¤¤d· ment from the Head of the }?§·S$€S to the illouth of ‘the Ohio River, xm in accordance with the PTOVISIOBS of sectxon 1 of ‘ An Act to pro- mm ’ 42150°——23-——-95
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