Page:United States Statutes at Large Volume 42 Part 1.djvu/293

 SIXTY-SEVENTH CONGRESS. Sess. I. Ch. 136. 1921. 265 If the amount already aid is less than that which should have been ”'°°" ’¤· · paid, the difference, to the extent not covered by any credits due to ¤i:;yy¥mt of dtml the taxpayer under section 252 (hereinafter called " deficiency"), mmm together with interest_thereon at the rate of one-half of 1 per centum ` per month from the time the tax was due (or, 1f paid on the installment basis, on the deiiciencg of each installment from the time the installment was due), shall e paid upon notice and demand by the _ collector. If any {part of the deficiency is due to negligence or inten- ¤,§3g‘§;.f§§‘I,ltc?“x f°' tional disregard o authorized rules and regulations with knowledge thereof, but without intent to defraud, there shall be added as part of the tax 5 per centum of the total amount of the deficiency in the tax, and interest in such a case shall be collected at the rate of 1 per centum per month on the amount of such denciency in the tax from the time it was due (or, if paid on the installment basis, on the amount of the deficiency in each installment from the time the installment was due), which penalty and interest shall become due and payable upon notice and demand by the collector. If any part of the de- ,8x§°;;j‘g{n;°;tgf°°d“· ficiency is due to fraud with intent to evade tax, then, in lieu of the ' penalt provided by section 3176 of the Revised Statutes, as amended, P°“·P·“*3- or falge or fraudulent returns willfully made, but in addition to other penalties provided by law for false or fraudulent returns, there shall be added as part of the tax 50 per centum of the total amount of the deficiency in the tax. In such case the whole amount of paI`,;‘§i§&“m°°°t um" the tax unpaid, including the penalty so added, shall become due and pa able upon notice and demand by the collector. (c) fi the return is made pursuant to section 3176 of the Revised 0H§;fr‘}"*S by '°"°¤¤° Staliiutes as allipipged, tlae amount of taxddgtermigil tohbe dlpe under P0$¢,p·3l3· suc return e ai u on noticean eman yt eco ector. (d) The amount olf incoriie, excess-profits, or war-profits taxes due ,°$_¤=;F&9°,{‘,{er}'gFh°h1;*g under any retum made under this Act for the taxa le year 1921 or mea. succeeding taxable years shall be determined and assessed by the Commissioner within four ears after the return was filed, and the amount of any such taxes cfiie under any return made under this Act for rior taxable years or under prior income, excess—prof:its, or war- {’,g{_P3*g¤;y{gfpro1i)ts tax Acts, or under section 38 of the Act entitled "An Act to ’ rovide revenue, e ualize duties, and encourage the industries of the glnited States, and for other purposes," approved August 5, 1909, shall be determined and assessed within five years after the return _ _ was filed, unless both the Commissioner and the taxpalyer consent in ,,§g“§$“,§`,*2,‘§,‘,Y,§,$¥’ °°“' writing to a later determination, assessment, and co ectnon of the _ tax; and no suit or proceeding for the collection of any such taxes bgggjlg glfmuygg cg due under this Act or under prior income, excess—profits, or war- isaatnsaae. profits tax Acts, or of any taxes due under section_ 38 of such Act of August 5, 1909, shall be begun, after the expiration of five years after the date when such return was filed, lilut this shallfntcilt agect suits or roceedi s begun at the time 0 the passage o `s ct: _ Provided? That irilg the case of income received during the lifetime of §°§?;“g,,,_.mm, 0, a decedent, all taxes due thereon shall be determined and assessed i¤<>¤¤¤¤ ¤f •*¤¤¤·i¤¤¢· by the Commissioner within one year after written request therefor by the executor, administrator, or other Hduciary representing the _ _ estate of such decedent: Provided further, That in the case of a false °,’}§,*“udm‘“““,,,e¤, or fraudulent return with intent to gvade tang 05 of a failiére to file a uired return the amount of tax ue ma e etermme, ass , hiiil collected, imd a suit or proceeding fibr the collection of such amount may be begun, at any time after it becomes due: Promded Ammimm of wr further, That in cases coming within the scope of paragraph (9) of c,,,,t,,,m,.,a_ subdivision (a) of section 214, or of tparagrap (8) of su division (a) of section 234, or in cases of nnal set » ement of losses and other deductions tentatively allowed by the _Commissioner pending a determination of the exact amount deductible, the amount of tax or deficiency