Page:United States Statutes at Large Volume 43 Part 1.djvu/340

 SIXTY-EIGHTH CONGRESS. Sess. I. C11. 234. 1924. 309 Such roceedin shall be begun within one ear after the final deci- .¤¤w¤. MX- sion oi) the Boagd, and may be begun withiii such year even though degeiiiiisilmlt M Im the period of limitation prescribed in section 310 has expired. (c) If the executor does not iile an ap eal with the Board within irggilgggiioiligimnd the time prescribed in subdivision (a) oip this section, the deficiency i of which the executor has been notified shall be assessed, and shall be paid upon notice and demand from the collector. _ (d) If the Commissioner believes that the assessment or collection migiljiiifiietidgzigd of a deficiency will be jeopardized b delay, such deficiency shall J°°P“"““°d by d°”’¥· be assessed immediately and notice and, demand shall be made by the collector for the payment thereof. In such case the assessment mav be made (1) wit out giving the notice provided in subdivision (a) of this section, or (2) before the expiration of the 60-day period provided in subdivision (a) of this section even though such notice has been given, or (3) at any time prior to the final decision by the Board upon such deficiency even though the executor has Bled an appeal. Ii the executor does not file a claim in abatement as provided in sec- aK3Y,'§‘§§.Ii°§‘;2d°l”“°’ tion 312, the deficiency so assessed (or, if the claim so filed covers only a part of the deficiency, then the amount not covered by the claim) shall be paid upon notice and demand from the collector. (e) Interest upon the amount determined as a deficiency shall be mum °°u`°n”°d' assessed at the same time as the deiicienc, shall be paid upon notice and demand from the collector, and shall be collected as a part of the -tax, at the rate of 6 er centum per annum from the due date of the tax to the date the deficiency is assessed. Emmm mowedw (i) Where it is shown to the satisfaction of the Commissioner that avoid undue ¤¤1'd¤NP the payment of a deficiency upon the date prescribed for the payment °°°°°°°°‘ thereof will result in undue hardship to the estate, the Commissioner with the a proval of the Secretary (except where the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax) may grant an extension for the payment of such deficiency or any part thereof for a eriod not in , excess of two years. If an extension is granted, the Commissioner B°"‘"°"'“'°°‘ may require the executor to furnish a bond in such amount, not exmzeding double the amount of the deficiency, and with such sureties, as the Commissioner deems necessary, conditioned upon the payment I of the deficiency in accordance with the terms of the extension. In ,,,g§‘c°§T°°t °° d° " such case there shall be collected, as a part of the tax, interest on the part of the deficiency the time for payment of which is so extended, at the rate of 6 per centum r annum for the period of the extension, and no other interest shall his collected on such paart of the dedciency _ H for such period. If the part of the deficiency the time for payment ,,,,€`:$gY,T,°l,,l{’e°?.§°§:,, of which is so extended is not paid in accordance with the terms of the extension, there shall be co lected, as a part of the tax, interest on such unpaid amount at the rate of 1 per centum a month for the period from the time fixed by the terms of the extension for its pay- ment until it is paid, and no other interest shall be collected on such unpaid amount for such period. ° _ (g) The 50 per centum addition to the tax provided by section 1,,{§‘I,‘B§‘,?.?,§?"'““°“' 3176 of the Revised Statutes, as amended, shall, when assessed after *"”‘·¥’· m- the enactment of this Act in connection with an estate tax, be assessed, collected, and paid in the same manner as if it were a Empmm deficiency, except that the provisions of subdivision (e) of this sec- ` · tion shall not be applicable. .d Sec. 309. (a) (1) Where the amount determined by the executor as mi°a°??$m1(£gd`iiiv°:`¤- the tax imposed by Part I of this title, or any part of such amount, °°““°'- is not pai on the due date of the tax, there shall be collected as a part of the tax, interest upon such unpaid amount at the rate of 1 per centum a month from the due date until it is paid.