Page:United States Statutes at Large Volume 47 Part 1.djvu/267

 72d CONGRESS. SESS. I. CH. 209. JUNE 6, 1932. 243 (2) As to any amount collected in excess of an amount computed in accordance with the decision of the Board which has become final ; and (3) As to any am ount c ollect ed aft er the period of limitation upon the beginning of distraint or a proceeding in court for col- lecti on has ex pired ; but in ally such clai m for cre dit or re fund or in a ny suc h suit for r efund the de cision of the Board which has become final, as to whether such period has expired before the notice of deficiency was mailed, shall be conclusive. (d) OVERPAYMENT FO UND BY BOARD.-If the Board finds that there is no deficiency and further finds that the taxpayer has made an overpayment of tax in respect of the taxable year in respect of which t he Com missio ner de termin ed the defici ency, the Bo ard sh all have jurisdiction to determine the amount of such overpayment, and such amount shall, when the decision of the Board has become final, be credited or refunded to the taxpayer. No such credit or refund shall be made of any portion of the tax paid more than two years before the filing of the claim or the,filing of the petition, whichever is earlier. (e) TAX WITHHELD AT SomtcE .-For refund or credit in case of excessive withholding at the source, see section 143(f) TITLE II-ADDITIONAL ESTATE TAX INCO 31E TAX Excess collections. Collections after pe. riod of limitations. Ove rpa yme nt fou nd by Board. Credit or refu nd. Tax withheld at source. 1 Ante, p. 216. ESTATE TAX SEC. 401. IMPOS ITION OF TAX. (a) In addition to the estate tax imposed by section 301 (a) of the posed b}Reventax im. ue Act Revenue Act o f 1926, ther e is h ereby imposed upon the tr ansfer of of 1926 . 44, p.69. the net estate of every decedent dyin g after the enactment of this Computation. Act, whether a resident or nonresident of the United States, a tax equal to the excess of- (1) the amount of a tentative tax computed under subsection (b ) of this section, over (2) the amount of the tax imposed by section 301(a) of the Revenue Act of 1926, computed without regard to the provisions of this title. (b) The tentative tax referred to in subsection (a) (1) of this sec- tion shall equal the sum of the following percentages of the value of the net estat e Upon net estates not in excess of $10,000, 1 per centum. Rates. $100 upon net estates of $10,000 ; and upon net estates in excess of $10,000 and not in excess of $20,000, 2 per centum in addition of such excess. $300 upon net estates o f $2 0,00 0 ; and upon net esta tes in ex cess of $20,0 00 and not in excess of $30,000, 3 per centum in addition of such exce ss. $600 upon net estates of $30,000 ; and upon net estates in excess of $30,000 and not in excess of $40,000, 4 per centum in addition of such e xcess. $1,000 upon net estates of $40,000 ; and upon net estates in excess of $40,000 and not in excess of $50,000, 5 per centum in addition of such excess. $1,500 upon net estates of $50,000 ; and upon net estates in excess of $50,000 and not in excess of $100,000, 7 per centum in addition of such e xcess. $5,000 upon net estates of $100,000 ; and upon net estates in excess of $100,000 and not in excess of $200,000, 0 per centum in addition of such excess.