Page:United States Statutes at Large Volume 45 Part 1.djvu/907

 856 SEVENTIETH CONGRESS. "SEss . I. CH. 852. 1928. INCOME TAX exceeds the amount determined as the amount which should have Credit or refund . been assessed, such excess shall be credited or refunded to the tax- Pest, p. s61 . payer as provided in section 322, without the filing of claim therefor . Colle ction of great er If the amount determined as the amount which should have been a ssess ment . assessed is greater than the amount actually assessed, then the differ- ence shall be assessed and shall be collected as part of the tax upon notice and demand from the collector. No other abatement claim to be filed. (j) Claims in abatement.-No claim in abatement shall be filed in respect of any assessment in respect of any tax imposed by this title . B ankru ptcy and re- cei verships . SEC . 274. BANKRUPTCY AND RECEIVERSHIPS . Immediate deficienc y . (a) Immediate assessment .-Upon the adjudication of bankruptcy ment of tax defiiy in bankruptcy and of any taxpayer in any bankruptcy proceeding or the appoint- receivership cases. ment of a receiver for any taxpayer in any receivership proceeding before any court of the United States or of any State or Territory or of the District of Columbia, any deficiency (together with all interest, additional amounts, or additions to the tax provided for by law) determined by the Commissioner in respect of a tax imposed by th is tit le upo n such taxpa yer sha ll, de spite the re stric- tions imposed by section 272(a) upon assessments be immediately assessed if such deficiency has not theretofore been assessed in accordance with law. Claims for the deficiency and such interest, additional amounts and additions to the tax may be presented, for adjudication in accordance with law, to the court before which the bankruptcy or receivership proceeding is pending, despite the pendency of proceedings for the redetermination of the deficiency in pursuance of a petition to the Board ; but no petition for any such re determ inatio n shal l be f iled w ith th e Board after the a djudic ation of bankruptcy or the appointment of the receiver. (b) Unpaid claims .-Any portion of the claim allowed in such bankruptcy or receivership proceeding which is unpaid shall be paid by the taxpayer upon notice and demand from the collector after the te rminat ion of such procee ding, and ma y be co llecte d by d istrai nt or proceeding in court within six years after termination of such pro- cee di ng. Extensions of time for such payment may be had in the same manner and subject to the same provisions and limitations as are provided in section 272 (j) and section 297 in the case of a deficienc y in a ta x imposed by this title. SEC. 275 . PERIOD OF LIMITATION UPON ASSESSMENT AND COL- LECTION. Except as provided in section 276- (a) General rule.-The amount of income taxes imposed by this title s hall b e asse ssed w ithin two ye ars aft er the retur n was filed, and no proceeding in court without assessment for the collection of such taxes shall be begun after the expiration of such period. (b) Request for prompt assessment .-In the case of income received during the lifetime of a decedent, or by his estate during the period of administration, or by a corporation, the tax shall be assessed, and any proceeding in court without assessment for the collection of such tax shall be begun, within one year after written request therefor (filed after the return is made) by the executor, administrator, or other fiduciary representing the estate of such decedent, or by the corporation, but not after the expiration of two years after the return was filed. This subsection shall not apply in Application to re- th e case of a corpor ation unless - quest by a corporation . (1) Such written request notifies the Commissioner that the corporation contemplates dissolution at or before the expiration of such year ; and Adjudication of claim by court. Collection of claims allowed in court pro- ceedings. Time extension may be bad. Period of limitation on assessment and col- le ction. Post, p. 857. Periods designated. Income tax to be ass esse d in two years. Income received dur - ing life of decedent, in one year on request of executor, etc.

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