Page:United States Statutes at Large Volume 42 Part 1.djvu/296

 268 SIXTY·SEVENTH CONGRESS. Sess. I. Ch. 136. 1921. “'°°“ ’**~ the rson makrng` such ayment a full written or printed receipt, statiliicg the amount paid End the particular account for which such payment was made; and whenever any debtor pays taxes on_ account of yments made or to be made by him to separate creditors the n'f°°¤;‘;,*;‘°g_',_*' *1*** colliaiztor shall, if requested by such debtor, give a separate receapt for the tax paid on account of each creditor in such form that the ebtor can eonvenienltgy produce such receipts separately to his several Evkhnca • 1 t a x creditors in saf action of their respective demands up to the amounts ’°m‘ stated in the receipts; and such receipt shall be sufficient evidence in favor of such debtor to justify him in withholding from his next pay- ment to his creditor the amormt therein stated; but the creditor maly, upon giving to his debtor a full written receipt acknowledging the payment to him of an sum actually paid and accepting the amount Surr¤¤<1¤r1=¤<=r¤%it¤r of tax aid as aforesaid (specifying the same) as a further satisfaction “p°m`°°t°°°° f of the sebt to that amount, require the surrender to him of such collector’s receipt. P·¤f¤¤¤=- narmuns. paqryiigiiis gmug Sec. 252. That if, upon examination of any retum of income made °“$,§f"§,f *;f’§’,h_ pursuant to this Act, the Act of August 5,1909, entitled "An Act to Vo1.38;p. res. rovide revenue, equalize duties, and encourage the industries of the "°“·P·“°‘· {Tnited States, and for other p oses," the Act of October 3, 1913, entitled "An Act to reduce tarrffugirties and to provide revenue for the V°’·”»PP·”°·‘°"‘· Government, and for other purposes/’ the Revenue Act of 1916, as V¤i·4°, 1>1>¤¤>.1057- amended, the Revenue Act of 1917, or the Revenue Act of 1918, it appears that an amount of income, war-profits or excess-profits tax has been paid in excess of that properly due, then, notwithstanding R*S··’°°·*“·P·“”°· the provisions of section 3228 of the Revised Statutes, the amount o the excess shall be credited against any income, war—profits or excessprofits taxes, or installment thereof, then due from the taxpayer under 1,F,?§‘,§',;f,l,f"""l““°°· anfy other return, and any balance of such excess shall be immediately '1‘im¤1¤¤M¤r- re unded to the taxpayer: Proankled, That no such credit or refund ‘ shall be allowed or made after Eve years from the date when the return was due, unless before the expiration of such five years a claim therefor m;§é‘§‘Y,_‘i,,{,‘,,°°,,,}’,'§‘,‘,,‘;,';,‘<§‘ is Bled by the taxpayer: Provided further, That if upon examination wpiwidwiwed- of an return of income made rusuant to the Revenue Act of 1917, the lgevenue Act of 1918, or this Act, the invested capital of a taxpayer is decreased by the Commissioner, and such decrease is due to the fact that the taxpayer failed to take adequate deductions in previous years, with the result that an amount of income tax in excess of that properly due was paid in any previous year or years, then, notwithstanding any other provision of law and regardless of the expiration of such five—year period, the amount of such excess shall, mor Mm not without the filing of any claim therefor, be credited or refunded as tamu. provided in this section: And omkled further, That nothing in this section shall be construed to gr from allowance claims for refund filed prior to the passa e of the Revenue Act of 1918 under subdi- V°'·°°· l’· m· vision (a) of section 14 0% the Revenue Act of 1916, or filed prior to the V°]"°· P· 1°°‘°· passage of this Act under section 252 of the Revenue Act of 1918. P°¤¤*¤¤=- rrzxrxrzrms. ra§ ,iiig Sec. 253. That any individual, corporation, or partnership required under this title to pay or collect any tax, to make a return or to supply information, who fails to pay or collect such tax, to make such retum, or to supply such information at the time or times required Wmmmums etc under this title, s all be liable to a penalty of not more than $1,000. amxsasmeam. ’ Any mdrvrdual, corporation, or partnership, or any officer or employee_of any corporation or member or employee of a partnership, who willfully refuses to pay or collect such tax, to make such return,