Page:United States Statutes at Large Volume 44 Part 2.djvu/99

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respect of any deficiency, shall after the malling of a notice under subdivision (a) of section 274) be suspended for the period during which the Commissioner is prohibited from making the assessment or beginning distraint or a proceeding in court, and for 60 days thereafter,

Sec. 278. (a) In the case of a flase or fraudulent, return (with intent to evade tax or of a failure to file a return the tax may be assessed, or a proceeding in care for the collection of such tax may be began without assessment at any time.

(b) Any deficiency attributable to a change in a deduction tentaively allowed under paragraph (9) of subdivision (a) of section 214, or paragraph (8) of subdivision (a) of section 234, of the Revenue Act of 1918 or the Revenue Acd of 1921 may be assessed or a proceeding in court for the collection of such tax may be begun without assessment, at any time.

(c) Where both the Commissioner and the taxpayer have consented in writing to the assessment of the tax after the time prescribed in section 17 for its amount the tac may be assessed at any time prior to the expiration of the period agreed upon.

(d) Where the assessment of any income, exceeds or war-profits, or profits tax imposed by this title or by prior Act of Congress has been made (whether before or after the enactment of this Act) within the statutory period of limitation property applicable thereto, such tax may be collected by distraint or by a proceeding in court (begun before or after the enactment of this Act),

but only if began (1) within six years after the assessment of the tax, or (2) prior to the expiration of any period for collection agreed upon in writing by the Commissioner and the taxpayer.

{{USStatSidenote|R|Distraint, etc. prior to Act of 1924, not barred. (e) This section shall not bar a distraint or proceeding in court begun before the enactment of the Revenue Act of 1924; {{USStatSidenote|R|Effect of Statutory limitation}} nor shall it authorize the assessment of a tax or the collection thereof by distraint or by proceeding in court (1) if at the time of the enactment of this Act such assessment, distraint or proceeding was barred by the statutory period of limitation properly applicable thereto, unless prior to the enactment of this Act the Commissioner and the taxpayer agreed in writing thereto or or (2) contrary to the provisions of subdivision (a) of section 274 of this Act.

{{USStatSidenote|R|Jepoardy amendments.}} JEOPARDY AMENDMENTS.

{{USStatSidenote|R|Deficency immediately assessed, etc. if jeopardised by delay.}} Sec. 279. (a) If the Commissioner believes that the assessment or collection of a deficiency will be jeopardized by delay, he shall immediately assess such deficiency (together with all interest and additional amounts, or additions to the tax provided for by law) notice and demand shall be made by the collector for the payment thereof.

{{USStatSidenote|R|Notice to be mailed.}} (b) If the jeopardy assessment is made before any notice in respect of the tax to which the jeopardy assessment relates has been mailed under subdivision (a) of section 274, then the Commissioner shall mail a notice under such subdivision within 60 days after the making of the assessment.

{{USStatSidenote|R|Authorised if deficiency differs from previous notice thereof.}} c) The jeopardy assessment may be made in respect of a deficiency greater or less than that notice of which has been mailed to the tax payer, despite the provisions of subdivision (f) of section 24 and whether or not the taxpayer has theretofore filed a petition with the Board of Tax Appeals. {{USStatSidenote|R|Board to redetermine on notice.}} The Commissioner shall notify the Board of the amount of such assessment, if the petition is filed with the Board before the making of the assessment or is subsequently filed, and the Board shall have jurisdiction to redetermine the entire {{sidenotes end}}