Page:United States Statutes at Large Volume 44 Part 1.djvu/851

 _ 837  `»» TITLE I6,-·——INTE1 rmm the due date. In such ease the amount ln respect t ot which me e;u¤9on~·ls granted, shall be paid on or before the - ‘ date of the expiration ot the period of the extension; _ a (c) It the time- for the D¤Ym¢¤t is thus extended there shall bp eonected, as a part of such amount, interest- thereon at the "`7 rate oft 6 per ~ centum per annum ‘ from the expiration ot six . months after the due ,date of the tax to the expiration of the period of the- extensl0¥-\. _(June .2, 1924, 4.01 p. m., c. 234,, §305, 43 Sidt.V308·}  _` Y -· . ‘ _ .;_ `_  · 1098. Sane; tax imposed by former law; extension of time {0;- payneat.-4i1‘he time for which the Qomuxissioner of Internal Revenue may extend the time for payment of the estate tax ` imposed by Title IV of the Revenue Act oi 1921, chapter ·1$6, 42 Statutes 277,-ls   three years-to ilve years. (June 2, 1924, 4.01 p. na., c.,234, § 305(d), 43 _Stat. 308.) __ 1099. Examination of return and determination of amount of , tax.:··—·As soon as practicable after the return   flled the Com-· missioaer or Internal Revenue shall examine it and shall de-I- tcrmiae the correct amount ot the tax. (June 2, 1924, 4.01 p. nn., C. 234, 5 sos, 43*Btat. Bos.)   - — _ _ <. _ ;· _ 110%. Deiciency; what constitutes.—As used in Part I of this chapter the terk "deilciency”_‘n;eans—- ‘ ·, 1 Q . ~(1) The amount by which the tax imposed by Part I of this cllapter exceeds ·the‘am0un't'shown_ as the tax by. the executor upon his return; but the amount so shown on the return.sl1a11 first be increased by the smoun& previously assessed (or col-, looted without assessment) as °a` denciency, and decreasecl by e the amounts previously abated, retunded, or otherwise, repaid in respect ofS\1(!h`t8X;`01’.` . %-_` · . ‘ _ (2) It no amount isshoivn asthe tu ·by·the executor upon his rctn;·n,‘or it no return ls. made by tbecexecutorj then the amount by which the tax exceeds the amounts previously as- (or collected without sswmency as at deficiency; but such amounts previously  ed, dr eollectedwithout assessmeat, shallnrst be decrémed by the amounts previously abated, rcfnaded, or· otherwise repaid in respect of such tax, (J uno 2,* 1924, 4.01-p. m., c. B4, _§ 387, 43 _8tht. $08.) ‘ J I 1 · - 1191. Sane; notice of;  by execu,tor.·———-It the commissiooei determines that dzere is a   lh r@pect ot the Q` ‘tax   by Partlyof this chapter, the executor, exceptas provldede in section 1194 of this title, shall hetnotided- of such e dcdclmcy by   mall, but such denctencyshall, be as·  only as hereinafter proiidw. -·Wlth1.n sixty days after sscla       the·executor— morale an xappealwith  l Boa1‘d_ot·'.lZ1.x Appmls (established by section 1211. (Juno 2, 1*324,‘c%4, 1808(,s),43.$tat.308.). ‘ _ ·, · __ [ 1 1 1192. Sago;  by hoard; assessment had pty- §¤ of;  of %&cy·_&s•1lowed.—-——It the hmrd de-_ twminu  is at   the  {asa  so determined- shall be  _¢allbe   ws a.; and demand No  ot   dsermlned as. 8  by the at   but     Ai   by the beard        ~ »     ·         be bmun, _ without  ».. iarthe     fo! any  of the amount so disallowed. in its judgment jnthost sms the  thereof at worate MB     perimnula from the date   S0! the vtfmentot the taxto the date of tm }M t. Such   b&un within o¤e Fm!      of     may be bxun    ea x       th% the   ,,,. of ·lim1ta·— Hum prescribed tn~se%n 1118 of thl•»tlt1o`§as_    (Juno ·2, 1%4$ 4.91 p. m., c.·i%4, I %(b}, 43 Stat. ._ c of          not we              o o     la   11G.1_sf o and   hepald   nodes nad M    koi the

was REVENUE" §_ .1105 collector. _(June 2, .1924, 4.01 p. m., c. 234; § 308(c), 43 Stat. 308.) _ ~  ~ 1104. Sane; assessment and collection of dehcicney where delay- would be dangerous; claims lin abatement.---It the Commissioner of Internal Revenue believes that the amessment or collection, ot a deficiency will be jeopardized by delay, such- deficiency, shall, be aswed immediately land notice and demand shall be made by the collector for the payment thereof. In such 0 case the assessment maybe made (1) without giving the notice provided lh section .1101 of this title, or (2} before the expiration of the sixty-day period provided ln said section even though such notice has been given, or (3) at any time prior to the ilnal decision by the board upon such dedclency even though the executor has llled an appeal. If the executor does not ille. a claim in abatement as provided in section 1105, the `detlciency so assessed (or, it the claim zso Sled `eovers only a part of _.the. dedciency,l then the amount not covered by the claim) shall be paid 7 upon notice and demand vfrom the col; lector. (June 2, 1924, 4.01 p._ m., c. 234, 5 30601), 43 Stat. V 308..) ‘. ‘ · _ Y. U. · . 1105. Same;·clsim‘· for abatement of decision and appeal; hr terest on `glnims denied.?-(aj It adehciency has been masse · under section 1104 ot this title, the eiecntor, vvlthln thirty days after notice and demand. from · the collector for the paymnt 0 thereotymay file with the collector a claim for the abatement ot _ such deficiency, or. any part thereot, or oa any interem. or addltionali amounts mwed in connecdon merevvithe or ot any part 0 of any such intermt or additional a ts. Such claim` shall_be accompanied by a bond, in such amoant, not expeedlw · double the amount of the claim, and with snch  aathet collector deems necwry, condltlofied upon the payment of so .much ot. the amount ot  claim as is   abated, toscthm `with interest thereon as provided lnasnhdivmion (el ot section. Upon the ming ot such cl@ and    of so much of the amount   as is covered by smh claim and bond shall be stalm Dwdix tm Hnal   of the clailn: . . . · . { Q · ‘ `· ·, _ (b)'_lf aclalmls tiled as provided in aubdlvisionja) wction the collector shall transmit the claim —  lately to the Commissioner of Internal Ravenna who shall by regl ered mall notify the executor. ot his decision on the exam.; °Tm ` executor may within mty days after such notice is____maila¤d ‘il1e.-an dllpéal with the Board of Ta1]A%l& It theelatm ls in whole or in part by the cemmlssiow (or by the `xboard in case an appeal has   Bm} the nmountythe mam for whkh is dwled,. shall he   as part ot tm ts.; apos ` tnotlceancl wmand   colledor, and the  m, the claim for which is allowed,   he abated. A t .  sg court may be   tor-any   of the     for svhieh is allowed by the board. Such   ¤—=—·»   ,,,.   be begna" within one yar     decision ot   board, and may be   virithln sam year even thoagh   period   limitation ·~preserlbad   nection   of   title  _ (c) I!   ln ¢Mt t n   inwhole or  tlmretnhall w-collected, at tm ssmctimc snthe part o£ they claim   and as A   cttw €lI.·i¤¢ `•tthe cate oi 6 per eentnmper annum apos tim amount ot the   dented, xm the.dats·ot mace me   nom   smelseetion 11041 of   title to the date of the `notieo and demznd under subdivision (b) ot this section. It tm amount `ineladed  na the   =» wd d d from the   under snhdivmlon ~ (blot   : ¤.¤· »· »  lstnot.  in full  ·»   thirty days after `          be   as  ottm tax, ssrn-at upon   anmid amount at the rate ot} · pm     a month from thedam of such notlm   demand nnttlltispetd.     Q = Q (dl-   as provided ln this muon, no claim in abate. mmtshnll boiled ln r t or any assessment made cttw d`T*~\