Page:United States Statutes at Large Volume 44 Part 1.djvu/852

 § 1106. TITL»E\ £8.·—-INTB1 June 25, lem, as meet of any estate tax. (June 2, 1824, 4.61 nm., c. @4.1 312.438;*at. 310.) [. ., . IRG. Sa¤e;` htuut an.———~In te·rm upon  amount determlnw as a dedclency éall he  en. at the whe time as the t     he mid upon mttce and @@1   the coll¤sct’or,andmallhscol%dasapartof thetax,attherate of8.pgcsntu.mperannnmfromtheduedateof thetaxto tw date the dwmncy is aaexed (June 2; 1924., 4.01 p. rn., . c. %4, I 3®(e), 43 $¤t._‘308.) ‘,. IIB?. Sane;  of time for payngt of.—Where it is shown e to the satisfaction of the commissionexythat the pay-A nent of a tlelciency  the date prescrlbedforthe payment ( thereof will rwult ln undue hardship, to the esmte, the commis-·· noner with the approval of the$Sscrete;ry (except _ where the sesemcy is due to negligence, to intentional dlsrgrd. of rules andpércgulations, or to fraud with intent to evadetax) may) grant an- extension for the payment of such dedclency or any ( part thereof for a period not in excessoftwo years. If sn? extwsion is granted; the commissioner may require the execu- tor to furnish a bond in such amount, not exceeding double  t& amunt of the dedclencl. and with sam sureties, as . the; comulwloner deems necmsary, conditioned upon the. myment  of the dedclwcy in accordance with the terms of the extension.  In meh use there shall be collected, as a part of the tax,. `lnmut on the_ part of the dedciency the time; for  of which is m_ extended, at the rate of 6 per centunx per annum t for the period of the extension, and no other (interest shall be  collected on 'such part of the deficiency for such _   If _ the o part of the denclmcy the time for payment of which is so_ `extended js not mid in accordance with the terms dof the exg tension, there shall be collected, as a part of the tax, interestl on s@h_unpald agonnt at the rate of *1 per  a month" for the period from the time nxed by the terms of the extension for its payment until it is paid, and no other interest-shall  collected on such nnmld amount for such period. .(June 2, IW4, 4.01 p. m., c. %4, §_3®(f), 43 Stat. 308.)* · . ‘ · l1&8.,Addit@l.tax for failure to ile return assessed,  m forth, as ·de·§ .-The 50 per centnm addition ·. to -the`·tax provmed by section —98_ of this title shall, ·when assessed in connection with as wtate tax,. be  d, collected, and paid in   same nsannerns if it were a, dedciency, except that the `  of section 1106 shall not he_ap~pllwble,`__ (June 2, p. m., c. @4, |*308(8).`&B· Stat. 308.) " _- _-. ` 1109. I•t& on m¤aid·t•x¤.--·f(a!)- (1)* Where the aqount ~» by tm· executor as the taxi impwed hy·Part<rof this  or anypart of such amount, is not paid on the deedate of the mx, thus shah be  ass part of   tax, interestnponswh unpaid amount at the rate of I per centum amonthfromthe due date·unti1°lt.is paid. .. _;- ‘ ·(2),  an extension ofitime for payment of the amount so  as the taxby the execntorhas   and- ®  tm time for payment of which hub beenextended, and therm  under suwlvlsionfc) of section 1®7 ofthis title; is not paid ln full prior to the explra-. ma of itu   of theextension; thm,. in lieu of thevln rest Q provtdm for ln`·parsgraph· (1) of   subdivision, ln$s%§at _• the rate M 1` peri centnm a month shall be collectedlon chunpaid amount from the date of the expiration of the period of the exthndon until it l•`pald. ¤ '_ w _ _- · p —  V _ (b) Where a denclency,   any interest a@sed   , tion- therewith under section"1106 of this title, or‘_a¤y addition to the tax provided for ln section 98 ofthis title, is not mid in full swithln thirty days from the date of notlcesnd   from _ the colmtor, there shall he collectedas   tix, interest ·· upon the nnpnld amount at the rate of 1_psr centuh a xnonth from the date of such notice and demand until. it is paid. V e (c) If a claim ln abatement is Bled, as provided ln section; 1105 of this title, the provisions -of subdivision" (b`)·__ of this

REAL nsvssvs, 838 section shall not apply to thsamouut coveredby the claim in abawntu (June 2, 1%4,.4.81 P. m., c..~@4,J $@,.43 Stat. 309.} 1110. Tins for aswamt and c¤llw& of tax.-(a).·EX- cept as provided in sscdons UW and 1111 of thistltle and in subdlvlsion (b) of section 1106 of this title, the swat or me wtate taxes  by Part I of this       .·  shall be assesses i within four years after the return was sled, and no E!§0@@Edlng in court for the collection of su&~ tam shall be UQUR after the expiration of Ave ymrs after the retumnras Bled. (b) The perlod within which anasseméht M required to be made by subdivision/(a) of thissection ln r@s¤ of any denciescyzshall be extended (1) by sixty days if a notice of sues dedcleucyifhas   to in execstw mderssctim 110.1 of this title   no appeal   Qedwlm the·Board or Tax Appeals; or (2) lf aaappal has been ¤@, thm by the numbermof daymbetweenthe   of the mllilm of such notice and the date of the dual M u   by the board. (June 2, 1924, .4.01 p. m., c. E4, 5 310, 43  310.) ` `° 1111. Saie; false or  returns; time for cahection I by distramt m· court prcceedhge-e_(a) In tm mss of a false or fraudulent return with intent to evade tax or of a failure to me; at return the tax may be amemedhor a proccmlng ln court for the collection of such tax may be bqun without a ent, at gsyume. ‘ `· /., .- _ _ - (b) Where the a ent of the tax is made within the period prescribed ln section 1110 of this title or in this section, `such ;tax maybe collected -by dlstraint or by’a promedlng in court, begun within six years afterthe a&mwt of tw tax. Nothing in · this Y chapter shall be  as preventing the beginning, without assessment, of a`  in court for the —·c§llegtion of the tax at any time before tm expiration of the period within which an assessment may be mde. `3 _ . · ‘ A(c) This `section° shall not (1) authorize the ·»¤ :~;¢»»e ·  t of a taxx or ·the collection thereof by   or by a woceednng in court lf on June 2, 1924, such anement, dlstralnt, or'pro—· ceeding was barred by the period of llmitationthen in exlxence, ._or (2). agect any assessment made, ordlstralnt or proceeding inycourt  bétvfemlu sate (xm 2, 1924,. 4.o1 u m, c. 234, 'fl`311; 43 _Stat.,310.) -   _ — ` s 1112. Duplicate tax  ofqecata franpersons! liability.:-$(0 The collector shallgdnt to tm person paylngl the `tax duplicate receipts, either of which shall be sumclentsevldeucs of  payment, and   wtitle the executor` to be credited and allowed     hereof, by` any court havin: jurisdiction to audit or settle his accuunm. ‘(.b)- If theexecutor makes ,written_ appllcadon to —ths_Oo¤- mlssioneg of internal-Bayonne for determination of   amount of the tax uml   from_   liability therefor, tnepommnsnossr (as soonas possible, and m any event within one year after the Elyilf of such application; or, lf  application is made bdors thsreturn ls‘§led,·thw yrithln one yearafter tu  is Mod. we eipiration d‘ ( the period prescribed fm    of the tax  1110 of this title) shall     exxutor d th ammt 2or the ta;. executor;    x rss mm: or whlclnhe is notined,   be   from personal llabmty for any dencieney -ln tax ftu· found to be due ans shall be entitled to a  or   showin meh discharge. · (June 2,.1924, 4.01 qi. rn.,·c. 24, § 313,.43 8tatL~g311,) _ · »· _ _ ·‘ 1113.*Ucn for de§cl¢¢! 3 liability of bona `iik purchaser.- "1‘he provisions of subdivision (b) of section 1112 of this ti shall—not operate as a release of any part of the `grom esta from the lien? for _ any "déclency that may thereafter, be determined to be due,  the title to such part of, the gross estate has- d to a bona- ide purchaser for value,·in which. casesuch .part shall not be subject to a lien or to any claim u or demand for. any such Idetlciency, but thedlens a aa shall attach ‘ L to the consideration reeelredfroni such purchaser by the heirs,