Page:United States Statutes at Large Volume 45 Part 1.djvu/887

 83G SEVENTIETH CONGRESS. SEss. 1. CH. 852 . 1928 . INCOME TAX ship, who as such officer, employee, or member isi under a duty to perform the act in respect of which the violation occurs. Closing of tax abl e year. SEC. 147. CLO SING BY COMM ISSI ONER OF TAXA BLE YEAR. Tax in jeopardy. Immediate payment (a) Tax in jeopardy .-If the Commissioner finds that a taxpayer demanded if Commis- sioner designs quickly to depart from the United States or to remove his finds . payer o prejudice acts of taa- col. property therefrom, or to conceal himself or his property therein, lect ion. or to do any other act tending to prejudice or to render wholly or partly ineffectual proceedings to collect the tax for the taxable year then last past or the taxable year then current unless such proceed- ings be brought without delay, the Commissioner shall declare the taxable period for such taxpayer immediately terminated and shall Notice to be g iven of cause notice of such finding and declaration to be given the taxpayer, finding, demand, etc. together with a demand for immediate payment of the tax for the taxable period so declared terminated and of the tax for the preced- ~ng taxable year or so much of such tax as is unpaid, whether or not the time otherwise allowed by law for filing return and paying the tax has expired ; and such taxes shall thereupon become immediately sion ndin g ofCm s- due and payable. In any proceeding in court brought to enforce , of int ent. payment of taxes made due and payable by virtue of the provisions of this section the finding of the Commissioner, made as herein provided, whether made after notice to the taxpayer or not, shall be for all purposes presumptive evidence of the taxpayer's design. Bond accepted if tax- (b) Security for payment .-A taxpayer who is not in default payer not in default. in making any return or paying income, war-profits, or excess-profits tax under any Act of Congress may furnish to the United States, under regulations to be prescribed by the Commissioner, with the approval of the Secretary, security approved by the Commissioner that he will duly make the return next thereafter required to be filed condition o f accept- and pay the tax next thereafter required to be paid. The Coin- ance s r missioner may approve and accept in like manner security for return and payment of taxes made due and payable by virtue of the pro- visions of this section, provided the taxpayer has paid in full all other income, war-profits, or excess-profits taxes due from him under any Act of Congress. Enforcement p ro- (e) Same-exemption from section .-If security is approved and ceedings suspended on approval of bond. accepted pursuant to the provisions of this section and such fur- ther or other security with respect to the tax or taxes covered thereby is given as the Commissioner shall from time to time find necessary and require, payment of such taxes shall not be enforced by any pro- ceedings under the provisions of this section prior to the expiration of the time otherwise allowed for paying such respective taxes. Discretion ary waiv. (d) Citizens .-In the case of a citizen of the United States or of ing of requirements as to citizens. a possession of the United States about to depart from the United States the Commissioner may, at his discretion, waive any or all of the requirements placed on the taxpayer by this section. Aliens must furnish (e) Departure, of alien .-No alien shall depart from the United tax-paid cer tificate be. fore going abroad. States unless he first procures from the collector or agent in charge a certificate that he has complied with all the obligations imposed upon him by the income, war-profits, and excess-profits tax laws. Additional tax for (f) Addition to tax.-If a taxpayer violates or attempts to vio- violations hereof. late this section there shall, in addition to all other penalties, be added as part of the tax 25 per centum of the total amount of the tax or deficiency in the tax, together with interest at the rate of 1 per centum a month from the time the tax became due. Information at sou rce SEC. 148. INFORMATION AT SOURCE. . Persons making fixed (a) Payments of $1,500 or more .-All persons, in whatever capac- payments to others of $1,500 or more, to ren- ity acting, including lessees or mortgagors of real or personal prop- der returns thereof. erty, fiduciaries, and employers, making payment to another person ,

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