Page:United States Statutes at Large Volume 44 Part 1.djvu/2014

 §1054·    TITLE 26.-INT1; ·fh€` payment. of tI1e`_‘tax·(or, if thegtax is paid in ihstallmeuts, from the date pres<5ribed‘ for me péymeut of the hrst installment) to the date the deiiciency is assessed, or, in thegcase dt-`~ a` waiver uuderi subdivision (d) 'ot this section,. to- the thirtieth `dhy after the filing of such waiver or to the date `the .do;{¤1ciericy is qssessed .whichever is the earlier. (Feb.  1926, c. 27; 5274 (1),44 Stqti 55.). _ "  " ' . See note afbegiuuiug of this chapter; - N Y · A Subdivision (dz, mentionett in the tut, IS set out in sectiéu 10-tSe ot. this eupplemeutal title. · t _ ( · _ · · 1054. ·Ekter1eio:1 of time for, peymeint of deiqiencyé-»-Where_ it is shown to the,-satisfaction _ of the commissioner that me phynheutbf a ilqhcieucy upon the date prescribed for the pay- ment: thereof jvili reéult, in undue hardship-  the taxpayer. the »oo.mmissig31er,—· with the approyal of the Secretary (except {whore the ” de§cie11cy is: 'due to negligence, to ·ihtgntional disregarde of rules` and rcgulhtgns, or to' fraud with intent to ` ovide tax), may grant en extension ·for‘the_-payment of such · Jdehcieucy or any part thereof for- a' period not in _ excess: of ` e eighteen months. _ If an extension is gjrented, the commissioner , may require the taxpayer to furnish a bond in suéh mhoupt, I10t_.€XC€€di1lg’· double the amountt of the deiioicmgy, and with euéh eureties, qs tl1é‘·’¢0m1i1isS_i0r1er deems necessary, conditioned upoh the payment of the dehciencyjn accordance with the terms of the extensioing _Iu such case there shall be collected, as at part of the tax, interest cm' the part of the detlcieucy the time for payment of which is so -ektended,_&t the rate of 6 ·» ". per centum per annum for the pérlcd of the extension, and.n0 other interest shalt be 'collected on such part of the ”de§'ciEi1éy for such period. ·If _ the part of the deiiciency the time for payment of which is·s0 extended is not Mpqid eilfi `accordance 3 part of the tax, interest ou_ such unpaid. amount atthe kate of 1 por céntum `a_ month for the period from the time fixed by the terms of the extension for its payment until it is paid, am} no other interest shall be collected on such unpaid amount for mich period. _.(Feb_. 26, 1926, cj:. 27, .§ 274 (k), 44 Stat. 55}) _. See note at begiiminlg of thie Ichapter. _ · ‘ .- — ° 1655. Ihcrcasing tix where dchciency due to negligence or fraud.-—¥·(a) It any part ofwmy deficiency is due to negligence _ or intentional dis_reg21rd'0f rules and regulations but without t intent to defraud, 5 per ceutum of the total amount of the deiioienoy ,(iu addition. t0— such dediciehcy) shz1ll_be‘ assessed, holiectod, eudpaid ih the eame manner as it it were zi deiiciehcy, except that the provisions of subdivisions/ti) and (j) of section 274 shall not, be appliceblc. ’ _ . ·` ‘, ‘ (ti') It any part of any déhcienvy is due to {rem} with intent to evade tax, theri 50 per éeutum of the total amount oi the dehcieucy (io addition ‘t0— such `deBciéu¢Y ) shall be eee asseseeq collected, and peid, in lieu ot the 50 per centum aeidttionic the - tax provided in " muon 3176 of the Review! _Statutes, as amended. (Feb. N, 1926, `c. 27, § 275, 44 Stat, 57.)' l Seo note at beginning of this `chnpter. _ I Q huhdlvisiooa (1) and ‘(j) of section 274, MGDUQBBG In the text are set out in ii 1052 und 1058, respectively, ot this supplements title. Sectim'3176 of the Revised Statutes, mentioned in the text is set out-in M 97 ¤md_9B ot Title 26, txrnswm Bsvnuuli ` 1955. . Delihqueht taxes; interest, estates; [e§e¢t of, Ming bond].--—(a)_ (1) Wh£}the amount determined by the tux payer as the tax mw! by this title,. or any idstellmen thereof, or any part ot such amount or installment, ts not putt ouj or before the date prescribed for its Payment, there sha! e _ be vczotlected as la part of the tax, intermt upon such uumk » amount at the ratebot 1 per ceutum a; month {rom the date prescribm for its iséymeut "until it is paid. — . · . _ -‘ (2) Where an extension ot time for payment of the, hmmm irc `determined he the tux by the taxpayer, or any jhstaltmeu whereof, has been granted, and the amount the time for my
 * ,_with_ the terms`o£_ the extension, there shall be collected, " as

\ IRNAL REVENUE N ment of which, has been eitended. and the interest. thereon determined under paragraph-` (2) ot subdivmon (_c) 'ot, section 270, is not paid; ju full-»—prior to the expiration of the period or the extension, then, in lieu of the interest provided for in para? graplr (1) of this subdivision, interest at the rate of 1 per centurn a rnonth shall be collected on such unpaid amount from the date of the expiration of the period oi the extension until itispnid. ’  _ . . · _ (b') Where e deiielency, or any interest or additional amounts assessed in connection therewith under suMivlsion (5} of r secs · tion 274, or mxaer section 275, or dny eddition? tohthe tax in Statutes, as 'zunended, is not paid, ine-toll within ten dnys from . the tlste of notice end demand from the colleetor, there shell be collected as part ot the tex, interwt upon the humid amount _ at thenrate of l1 per eentmn .a month from   date of such notice and demand until it is paid, If any part of a 'dedelency l _ _ 7 prorated- to any unpaid instal1r¤enf_:ainder” subdivision. (il of ‘ section 2I4 is not paid in full nip, or- before the date prescribed 'for the payment of such installment, `there shall be collected as part of the"-tex interest upon the unpaid amount atthe rote of ‘ 1 percentum a month fron1_5nch’dote’ nntll it is paid. * _»(c) _For,,any period eniestate .1s held by `a Bdneiary- up pointed ··by order of any court off competent jurisdiction or by _ will, there shall be collected interest ht   rate of 6 per centume per annum lu? lien . of the interest provided in Qsdby diyisiousfa) and (b) ot.this section., `_ ° " _ ‘ l (d) If a bond is Bled; osprorided in section•’2‘I9, the_»pro— ·  -subdiVis’o11s (b) and (c) of this section shall not apply to _-the amount covered by the bonfd.` (Feb: 26, `192& c. 27. § 2'Z6,'44 Stat. 57.`) — . ·‘ . ‘ · · __See note at heglnnlng ot this chapter., _ ‘ _ _ , "This tltle," herein 1=ei‘erred` toleonstltutesf c. 10 of this sep- . plemental title., ;Subdi+ision .(c) ot { 2'Z0‘¤nd subdivisions (1) nnd (j) of § 274, mentioned ln the text, are set out ln §§'1043,.1052, jaud 1053, respectively of said title. Beetioxr 275 slxnllarhr men- 2 . _ ·tioned is set outln Q 1055 of said title: § 279 similarly mentioned is set out in $$.1051 and 1063 of said tltle. _1 Sectien`3176 of the ° `. Revised Statutes similarly mentioned, is set out ine ii $7 and 98 oi_Tltle 26, [NTERNAL_RlVINUE.` · _ ._ _ . 1057. Assessments and collections; [suspension of rminiug of limitation].-<(a) Except Z es f1rovided___ in section ‘ 278- ° assessed within three ~$·e•1‘rs: after the return was med, and ' no proceeding in court withoutlessessment for the collection of ' t sich texes shall be begun dfter the fexpiretion ot such penoo. ' . ‘ (2) `The amount of income, eexcessproilts, and war—pro1lts L taxes imposed by the Revenue Act of 1921, and by such Act. .e- i- as amended, for the taxable year 1921 end succeeding taxable ' years, and the amount of income foxes  by the Revenue ’t Act of 1924, éhall be assessed within four years hfter the ’ return was tiled, and he proceeding in court without assegmenb-`· g ·tor_ the collection ot suéh taxes shell  begun after the _ expiration or such period. Qs · _ _ {. _ ‘, (3) The emount ot income, excessprodts, and w•r—pro¤ts { tsxes imposed by the YAct entitled “Agn Act to provide revenue, - States, ond. ioffother purposesf approved. Augnét 5,o 1909; if g the Act entitled “M1 Act to reduce tariff duties and to proride ,- revenue for the government,. and for other purposes} op— t proved October 3,_ 1913, the _ Revenhe Act of 1916, the Revenue 1 Actiof 1917, the Revenuelct of 1918, and by any such _Act_ as l_ amnded, shall be a@sed· within five yenrs after the return 1 was killed, and no proceeding ln court- withont oesessment for e the collection of ~ such taxes shall be begun alter the expirntion of snob period. (4) In the com of income receiyed dnr·. t ing the lifetime of s. decede¤t,4·the`ta,x ehall be assessed, and t any proceeding ln court without a ent for the collection- =- ot ench tg: shall be bégnni _ within one year utter writtetl
 * cose of delinquency- provided for in section 317d. of the._Revlsed"
 * (1) The amount of ineonie takes imposed by this Act shall be
 * , eq1mlize_”dn1`tles,_,nnd. encourage the industries or the United