Page:United States Statutes at Large Volume 44 Part 1.djvu/2013

 1999 rmnn 26.-y-INTERJ the taigror any other tumble yearha been overpaid or under- p paid. (Feb; 26. 1926. c..27.. 9 274 (g), 44 Stat. 55.) ‘ · .4 ..1049c. When declmon of  becomes §nal.—¥·For the. pur- U poses of this title the date on- which a decision of the board becomes nnal shall  determined according to the provisions. t of motion 1005; · (Feb. 26, 1926, c.·27, §—274 (h), 44 Stat. 55.) b New section,. _.“ This tltle," herein referred to, constitutes c.· 19‘· wa? . ot this snpple®tal title., _8ection—~1005, mentioned an the text, t _ 1gsczont:a\·§l228ota•ldtit1e.· ~ _ ,_  .· b V1d50. Assessment   payment where no appeal to board.-·—— 8 If me taxpayerdoest not me a petition with the board within  the time prescribedhrsnbdivision (a). of this section, the_`de· 0 ncicncy, notice of. which has been mailed to the taipayer, shall _ be assessed, and shall he paid upon notice and demand from the V motto;. (neo. 26, mo, c.`_27, s 274.·(c),.44_Stat._55.) ‘ -. *1 · · See note at beginning of this chapter; { .. ., t ,Snbdlvlsion"_(a.), mentioned in the text, isset out in {1048 pt 8 this pplcnrentnl title. " _     ·‘ .· T `P 1051. &me;` ass&mmt and collection of pdenciency where t delay would jeopardize same;-»(a) lf the commissioner be- : Heres that the a ent or collection of afdeilclency · will. ~be_ ¥ jcopardlned `by delay, he shall lmmediatelyiassess   deilg 8 clency (together with all interest, _ additional amounts,. or addi-,, tions to   tax provided for-. by law) and notice and oomano V ` shall bemade by the collector for. the payment thereot. 1 . ,- t (b) If the j  as¤@ent is- made before any notlcein respect of the tax_ to which the RGDBYGY  men`t relates. t has been mailed-under mntnywoa (a) of section 274, then the 8 !om1nlmloner . shall mall ya notice under such ·, subdivision 8 within w days   malring of the ém®ment." _ 8 » (c) The  assemmmt may be madein respect ot ag V dedclency °¤·ater or less than that notice of which has been 1, rnalledto the ¢¤$D¤!¢i’._ @1te the provisions of subdivision 1, tr)  swtim 274 md wmther or not the taxpayer has there- a ¤to.fore med a   with the Board of Tax Appeals. The ·u lcomlmoner   notify the board of the amount of such 1, a mt,_ if the petition- is nled with the mrd beforethe O  of the -amment·or~ is sumequently med, and the Q board   have jnrisdiction to redetermine the entire amount e of the deddency and oi all amounts assessed at the same time 0 inconnection theregith. ., 4* · _' _ _ . ._ c (Sl) If the   :~:»~¤:»=  lsmade after the decision ,1 of thehmrd la?  such :;=:·»¤»»·  mayfbe made only in raspect-of the  determined py theboard in its decision. ` · (o) A jeomrdy ,n•s@ent may not be made afte1··the`de> clsionof   board has   hnal or after the taxpayer has tiled n petition for review of the dcdécm of the board.   ’ _Q I (fl When]:     has b&l1 made the taxpayor, 'withln;10 days after notice and demand from the col· h lector for the paywt of tm ainount of the assessment, may ll obtain a stay of collection of the whole oxyany part of the i' amount of the a ®t by nling withthe collector a bond ln U auch amonnt, not   double the amount as to which ll theuay is   and with auch suretlm, as the- collector deems    the payment $f”so `much of U the amount, the @1lectlo¤·of‘whlch la stayed by the bond, as is 11 not abatw, by a decldon of the board which has become dual, H together with interest thereon as. provided ln Subdivision "(J) of (K) II the   is givenbdore the taxmyer had Sled his - petltm— with the hard   subdivision (a)` of section 274, the   shall  ln (further condition that lf a petltionls not tiled within the   provided in such, subdivision, ‘ then, fj thetamoant the mlleetion of www it stayedlby the bond will, t be paid on   and demand at any time after the ·ox’plra·tion c ot such   together with interest thereon at the rate of 6_ r

zu;. REVENUE ·§153 Br étmtum pe:) "mmum, {rmi; the date of the jeopardy ixotice and emand to the date of notice and demand under this Subdivision. 1. (Il) Upon-tllc mink of the-bond tpejéolléctiou ct so much of he amountasgessed asois coverodby the bond shall be stayed. The. taxpayer shall have the. right to waive such stair `at“ any imo in reépéct of the whole or a11y,part ot thoamount covered »y_‘tho bond, gaud it as a result of such woitor any part of the mount covered by the bond is paid, then the bond shdll, at he request of the taxpayer, be proportioimtoly. reduced. It the oarcl determines that the amount assesged is greater than the mount which slfould have been · assessed, then when the éocision of the `lioard  _.renderod the lmnd slmll,.at the request I the taxpayer, be proportionately reduced. - · _ _; _ I ·- · ,(i) When the petition. has_ been illed with the ‘board and than the amount which 'should have ljoex; omwed has been lotermined by a decision of the board whiéh; has become `iirml, I hen any unpaid portion. the collection ot which has ¤tayed”,by` the bond. shall be collected as part of the` thx upon notiéo and démand from t1;o"oolléct0i·, and amy mmaining poriqu of the assessipont shall be abatedf It the amount hlroady ollcctod exceeds the amount determined as thé amount which hould huyé been gssewed, mich excess shallg bé credited of refunded to. the taxpayer as provided in séétion 284. I Ig the mooht determined as the amount which shall havo boco eséod `is`groate1·_than the amount actually   then tho llttercncoshall be assessed and shall: be gollected as pait of he tax upon notice amlgdémand from the collector.   ‘ L `(I) Imtho casé ofthé amount collected under subdivision (i): here shall be collected at thosame timé as such amount, and .8. ln part ct the tax, interest of the rote ot Q pér cetntum por mmm upon such amount hola the date ct zfhé jeopardy notice nd demahd to the dzito of notice and demand under subdi- ·ision‘ (1) o:t this section; tor, in the com of the amount colactédo in excess ~0t the amount of the joopdrdy assessment, ntezcst as provided in s1;bdivisi011`,(j)_ot section 274. It the mount included in the rnotice_` and deméud from wo. collector mdorsinbdiyision (L) ot this section is not paid in full within 0 days after such `noticé and demand, theo there ‘ shall bo ollécted, as" part of the tax,.inte1iest upon theuncgpald amount Yt tho l‘8.t§..0f_ 1 per centum ar month (or, for any period the étate of the taxpayer is held by a_ Etlucltzry oppolntéd by any ourt. ot competent jurisdiction or by will, ov- the rate ot=6 por outinm per animxiif) from the date ot such notice hud; demand until it is paid. _`(FobL 26, 1926, c; 27, 5 279 (a-il}. 44 Stot. ” See noteoat beginning bt `thid chapter.   - - Subdivisions `(n), (il, and (J) ot { 274, mentioned in the text, 'aré. set out ln §§ 1048, 1048b, and 1053, réspectivel_y,_ of-this supplemental tltlc. Section ‘ 284, mentioned ixi· the text, is set out .l¤_§ 1065 of said title. · `· ‘ H ` f N52. Rrordting deticiency to i§st$llmehts.—-··If tho t&$[)il}'8l‘_ ma. elected to pay the tax in installments and o dollcieoey~ as been assossedf the dodciency shall be prorated to the four nstullments. Except as.providéd in section 279}, that part of ho deiicfency so prorated to any. installment the date for payment of wkiicllhaé }}0l/!ill‘l’l\v'€*d, shall be collected at thé uma timé as and as pant of such installment., That putt of hel dpilciehcy so.`pi·o;·oted to my installmelit tho` date for‘pay—~ lent of which 'hzfs mtivoel, shall be paid upon notico`uml douond fiom the collector. {Feb. 2&_£M, *c. 27, 5 274 (i), 44 $tat.55.)°_ » ·`_ 1 "* ‘  · V See note atibeginniug of thisohapter. . _ { · ‘ _ Section ,279..;noutionod 'in tbg text; to sot oqt in §§ 1051 and 1063 ot this supplemental title. . _ _ — · _` _ ( .1958. Intcicnt on deBéie¤cXqv-Interest upon the émotmt ileermlned gs an deficiency shall be assessed at-the some t.ime__o.s ho demzlency, shall be paid upon notice, and demand from the olloctotfand shall bocollected as `apmjt ot ,the tax, ot the ate of 6 por centmo per anhum from the date prescribed tort