Page:United States Statutes at Large Volume 47 Part 1.djvu/241

 72d CO NGRESS. SESS. I. CH. 209. JUNE 6, 1932. SEC. 145. PENALTIES. (a) Any pe rson re q uire d under this title to pay any tax, or required by law or regulations made under authority thereof to make a return, keep any records, or supply any information, for the pur- poses of the computation, assessment, or collection of any tax imposed by this title, who willfully fails to pay such tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, shall, in addition to other penalties provided by law, be guilty of a misdemeanor and, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than one year, or both, together with the costs of prosecution. (b) Any person required under this title to collect, account for, and pay over any tax imposed by this title, who willfully fails to collect or truthfully account for and pay over such tax, and any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof, shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than five years, or both, together with the costs of prosecution. (c) The term " person " as used in this section includes an officer or employee of a cor p oration or a member or employee of a partner- ship, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs. SEC. 146. CLOSING BY COMMISSIONER OF TAXABLE YEAR. (a) TAX IN JEOPARDY .-If the Commissioner finds that a taxpa yer designs quickly to depart from the United States or to remove his property therefrom, or to conceal himself or his property therein, 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 b roug ht w ithou t de lay, the Commi ssio ner shall dec lare the taxable period for such taxpayer immediately terminated and shall cause notice of such finding and declaration to be given the taxpayer, together with a demand for immediate payment of the tax for the taxable p eriod so declared terminated and of the tax for the preced- ing 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 due and payable. In any proceedin g in court brought to enforce payment of taxes made due and payable by virtue of the provisions of this section the finding of the Commissioner, made as herein pro- vided, whether made after notice to the taxpayer or not, shall be for all purposes presumptive evidence of the taxpayer's design. (b) SECURITY FOR PAYMENT .--A taxpayer who is not in „ efault in m aking any re turn o r pay ing in come, war-pr ofits, or e xcess- profit s 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 and pay the tax next thereafter required to be paid. The Com- missioner may approve and accept in like manner security for return and payment of taxes made due and payable by virtue of the provi- sions 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. (C ) SAME -EXEMP TION FROM SECTION :If security is ap proved and accepted pursuant to the provisions of this section and such further or other security with respect to the tax or taxes covered IxcOMS TAX Penalties. Wilful failure to pay tax, make returns, etc. Punishment for. For willful failure to collect tax, evade pay- ment, etc. Punishment for. 217 "Person" defin ed. Closing of taxable Tax in jeopa rdy. Immediate payment demanded if acts of tax- payer prejudice collec- tion. Notice of finding and demand. Finding of Commis- sioner presumptive evi- dence of design. Security accepted if taxpayer not In default. Accepta nce condi- tional. Suspension of en- forcement o n approval of bond. I