Page:United States Statutes at Large Volume 45 Part 1.djvu/904

 SEVENTIETH CONGRESS. SEss. I. Cu. 852. 1928. 853 No assessment of a deficiency in respect of the tax imposed by this KoINs sess men etc., title and no distraint or proceeding in court for its collection shall be until notice has been made, begun, or prosecuted until such notice has been mailed to the mailed or appeal filed, taxpayer, nor until the expiration of such 60-day period, nor, if a petition has been filed with the Board, until the decision of the Board has become final. Notwithstanding the provisions of section Injunction by court 3224 of the Revised Statutes the making of such assessment or the procedure allowed. beginning of such proceeding or distraint during the time such prohibition is in force may be enjoined by a proceeding in the proper court. Exceptions t o restrio. For exceptions to the restrictions imposed by this subsection, tions. see- Waiv ers . Subsection (d) of this section, relating to waivers by the I f . taxpayer ; Subsection (f) of this section, relating to notifications of Errors. mathematical errors appearing upon the face of the return ; Jeo pa rdy a sse ss- - (3) Section 213, relating to jeopardy assessments ; ments, p. 854. (4) Section 274, relating to bankruptcy and receiverships ; and Bankruptcy, p. 856. (5) Section 1001 of the Revenue Act of 1926, as amended, def ici en cy. etc ., of rel ating to ass essmen t or c ollect ion of the am ount o f the defi- Vol. 44,p .109. ciency determined by the Board pending court review. Collection of defi- (b) Collection of deficiency found by Board .-If the taxpayer files ciency fo und by Board. a petition with the Board, the entire amount redetermined as the deficiency by the decision of the Board which has become final shall be assessed and shall be paid upon notice and Disallow ed amount demand from the collector. No part of the amount determined as not collectible. a deficiency by the Commissioner but disallowed as such by the decision of the Board which has become final shall be assessed 'or be collected by distraint or by proceeding in court with or with- out assessment. Payment on demand (c) Failure to file petition .-If the taxpayer does not file a peti- if Petition not filed. tion with the Board within the time prescribed in subsection (a) of this section, the deficiency, notice of which has been mailed to the taxpayer, shall be assessed, and shall be paid upon notice and demand from the collector. Waiver of restrictions (d) Waiver of restrictions .-The taxpayer shall at any time by taxp ayer. have the right, by a signed notice in writing filed with the Commis- sioner, to waive the restrictions provided in subsection (a) of this section on the assessment and collection of the whole or any part of the defic iency. Increase of deficiency (e) Increase of deficiency after notice mailed .-The Board shall after notice mailed. hav e jur isdi ction to r edet ermin e the cor rect amoun t of the defi- ciency even if the amount so redetermined is greater than the amount of the deficiency, notice of which has been mailed to the taxpayer, and to determine whether any penalty, additional amount Condition . or addition to the tax should be assessed-if claim therefor is asserted by the Commissioner at or before the hearing or a rehearing. Restriction hereafter (f) Further deficiency letters restricted .-If the Commissioner has on determining defi- mailed to the taxpayer notice of a deficiency as provided in ciency after notice by Co mmis sione r, e tc. subsection (a) of this section, and the taxpayer files a petition with the Board within the time prescribed in such subsection, the Commissioner shall have no right to determine any additional defi- ciency in respect of the same taxable year, except in the case of Exceptions. fraud, and except as provided in subsection (e) of this section, relating to assertion of greater deficiencies before the Board, or in Post, p .854. section 273(c), relating to the making of jeopardy assessments. Ma them atica l er ror If the taxpayer is notified that, on account of a mathematical error not considered a notice appearing upon the face of the return, an amount of tax in excess of deficiency. of that shown upon the return is due, and that an assessment of the tax has been or will be made on the basis of what would have
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