Page:United States Statutes at Large Volume 44 Part 1.djvu/846

 § 1064 » TITLE Z6.—-·-INTEJ dltioried upon the payment got so much of the amount of the claim ss is not 'ebeted, together with interest thereon as provided in subdivision (c) of this motion. Upon the tiling of sucks claim sud bond, the collection ot so much of the amount assessed as is covered by such claim and bond shall be stayed pending the dual disposition. of the claim. ; ‘ {b) if s claim is dled as provided in subdivision -(a) of this section the collector; shall transmit the claim immediately to the Gommissioner -0f Internal Revenue who shall by registemd mail notify the taxpayer of his decision 011 the claim. The tsxpeyer may witpin siitydays _`afte1·`, such notice is mailed die an appeal with the Board of Thx Appeals. If the claim is denied in whole or in part by the commissioner (or by the board JD case an appeal has been .111ed) the » amount, the claim for which is denied, shall be collected es pmt of the tax upon notice and demand from the collector; and the amount, the claim for which Vis allowed, shall `be ebetedv A proceedi.ng"i¤ court may po begun for any pa;·t oi the amoupt, claim for which is Iallowed by the board. Such proceeding shall be begun within one year utter: the ‘ dtml decision of ithe bomfd, end may be begun within such year even though the period of 1lmitation_pmescribed in SeC= tion 1857 has expired. `_ _~ ‘ .‘· ` (c) Ifthe claimoio abatement is denied in whole or lu part, c there shall be collected, at the same time as then panjt of the clslm denied, and as a part of the tax, giuterest at the rete { of 6 per dcéutum pet annum upon the Amount? of the claim denied, from the date of notice and demand from the c014 leetor under section 1051 to the date of the notice and demand under subdivision (b) o£_ this section. If the amount hi: `facluded 111.1.118. notice and demand from the collector under subdivision (b)` of this section is not paid in full 'within ten days after such notice and demand, then there shall be collectm, ss part of the tax,_`ii1terest jupon thee-iuntjaid amount stthe reteot 1 per ceutum .a mouthi (or, in the csse ot estates of incompetent, deceased, or insolvent penjsons, at the rote of 6 per oexitum per apuhm) from the `date pot such notice ond &moud until it is paid,- _ l A 1 `_ _ (d) Except as pfoyided in this section, no eluim; in abatement? mall `be Med in respect .0t any assessment e made after Jem 2, 1924, in" rwpect of suy income, war-pmilts, _QL,;il¢§:   (J um '2, ’1924 ~1r;"@'4,-¤*| 279, 43 .   A me¤t and eellectiwpsiunhr prior low.-——-It utter June 2, 1%-1, the Comtpiwiouer ot Internal Revenue detamines  any ammmeut should be meds in respect ot any income, woreykodts, or ~excess·;$:9dts tax imposed by the Revenue Act ot 1916, the Revenge Act ot 1917, the Revenue Act 0t·1918,·cr the Revenue   ot 1921, or by any such Act as amended, the s amount which slwmd be   (whether as dcdciency or as mtexmt, pedallty, or other addition to. the .tnx)..shel1 be computed ss lt this chapter had Amt been enacted, but the amount so computed shall be  colleéted, sud mid in the   meme: and subject     shme provisions and Yllmitatious (including the provisions in   `ot   in mymest nite; notice and demand) ss in tm case pig the tnges e imposed by this title, except ss otherwise provided in section 1®7 of this-title. (June 2, 1924,}.01 p.     { zw, 43 Stat.361; s _ Q s Q ‘   _' 1965. Credit  of overpayment:   time fox. claim; waiver of right have  s d.>y~(e) Whete, there has V · been do Zoverpeymest ot any -  `wa1··pro¤ts, or excew - pmdts tax  by this chapter, the Act entitled -“An Act to provide revenue, equalize duties, and mcomsge  indus trlw ot the United States, sud for other pm·poses ,”· approved August 5, 1909, the {Ac; entitled "An Act to reduce- tmjli! and -to provide revem for the Gove e ment, and £o1*"`otl1e1··pm·· yposcsf approved October & 1913, the sevmee Act of 1918, the

mmn REVENUE 832 .§\evenue Act cot 1911, the Revenue Act of 1918, or the Revenue Act of 1921, or any such Act ns amended, the amount ofleme overpayment shall be credited against any income, war-pro1iz,;, or exccsspprotits tax or- installment thereof than due from the Jtaixpayer, and any balance of such excess shall be refumkez immediately to the taxpayer. W ~(b—) Except as provided. in subdivisions (c) end _( e) of tm; section, (1) no _$l1Ch credit or refmid shall be allowed or xngyze aftorofour years from the time the texwwes paid, unless lefore thecgpiration of such four years a claire therefor is time by the taxpayer, nor (2) shall the amount of the credit za? refund exceed the portion ot the tax peid. during the ieee yeers immediately preceding the 31ing of the claim or, if no claimjves tiled, then during the ffur years immediately preceding the allowance of the Dcredit or refund. ‘ ' ' (c) _I£ the invested capitol of e taxpayer is decreased by the Commissioner of Internal Revenue, 'gnd seen `decrenee ie due to the fact that the taxpayer failéd to take adequate spleduetionein- previous years, withsfhe result that there has been en. overpaymenfot inco e, wenpronts, or excesepronte taxes in any previousyear or `years, then the amount of such over. payment shall befcredited or refunded, without the Kling of · a claim th o notwithstanding the period of limitation pre; vided for ‘i rlsion` (b) huscexplred. ° (d) Whe there has been on overmyment of—~tar.·¤n&er sees · tion 962 or 989,of tI1lS`4ti('.l8·‘8IlYI'1'l?I\lll£i or credit mode under l the provisions of this section shall be made to the withholding 9 agent unless the amount ot such tax was actually withheld by _ `the withholding. agent. "  _. · ·  (é) If the taxpayer has, within ive yearsfrom the time the return for the tniable year _1917·Wa8 due, med` g waiver of ` his right to"_hni=·e the texee due for such taxable   deter- ·· mined and assessed within Eve years `ettger the return wes tiled, or he has, on or before Jime 15, 1924, Bled such e· waiver in respect of the taxa due ‘tor.the toxebleyeer 1918. 9 - then such creditor refund relating to the tnxeefor the year 1 in respect of which . the waiver was Bled shall hyegewyad "·or» mode it claim therefor is Hled_    the time l the tax, was peld. It the ta`xpayer"5§s, on or before June I5, ‘  Q   _.  Q,..i}led"sucp n waiver in  t of the taxes due for the taxable ycnr 1919, then-`such ci·edit_or_lretund re  ng to the = ~taxes for the taxable year 1919 shell be e  or   it l cleim therefor isnled either on~ or; before April ,     err within. tour years from the time the tex wee mid, It any l ‘ snch waiver so Bled has, before the expiration of the period ,`  heen extended either by the Ming ot °• e new waiver er · refund relating to the mxm for the year, in rmect of whieh. e` the weiver. was med éall be allowed or made it  therer for is Bled either (_1) within four years trom the éme the tex 2 was peid, or _“(2) `on_`or  April _1, 19%, in_the use of  credits or refunds srelating to the taxa for the fnxqgale years n e 1917 end_1918, or on or before April _1, 1927, in the mee of - credits or  relating to the taxes for °the.tn`xab1e year r 1919. ‘ · < · . n " (I)  section shell not (1) bar from hllewance a claim for L o credit or refund Hled prior to June 2, 19%£, which but for the l 9 providone of thie chapter would have bow elloweble, or (2) _ har from allowance a claim in   of s tax for the taxable
 * by the extension of the original waiver, then, mh credit er _
 * “  1919 01*1920 if mclxclelm is Bled before the expiration of

n, nre years esttera me date the return was due. (June 2, 19?4s - 4.01 p, nn., c,  _§ @1, 43 Stat.,301; Mer. 8,11925, c.‘ 435, 43 t'—Stnt,1115.)‘     ·. _`    _   _ -   Termination of tnxsble   security for return I md paymmtl of tene; eertiéeste for depirting aliens; penal-_ s ties.--—-—(n)_ It the Gommlsasionerot Internal  that - ¤‘ taxpayer deelms quickly to depeg;. § l__he `"Ugte_g_,Stetée, (_ 9 . or to rmoye  prope;r£§v, ‘f5};1*,*or to conc@1*1_;imeel!K_qr