Page:United States Statutes at Large Volume 48 Part 1.djvu/782

 756 73d C ONGRESS. SESS. II. CH. 277. MAY 10, 1934 . TO AMENDMENTS ANTS holiday in the District of Columbia as the ninetieth day" ; and by AND ai isC EL LA- striking out " 60-day " and inserting in lieu thereof " 90-day ". The NE . No retroactive amendments made by this section shall apply only in respect of notices mailed after 30 days after the date of the enactment of this Act . Recovery of amounts SEC . 502. RECOVERY OF AMOUNTS ERRONEOUSLY REFUNDED . erroneously refunded . N-ol. 45, p.s;5 . (a) Section 610 of the Revenue Act of 1928 is amended by adding at the end thereof a new subsection to read as follows Tune for bringing " ( c) Despite the provisions of subsections (a) and (b) such suit suit extended. may be brought at any time within five years from the making of the refund if it appears that any part of the refund was induced by fraud or the misrepresentation of a material fact ." Barred suite . (b) The amendment made by subsection (a) of this section shall not apply to any suit which was barred on the date of the enactment of this Act . Statute of limitations SEC . 503. STATUTE OF LIMITATIONS ON SUITS FOR REFUND . on iuits for refund. Section 608(b) (2) of the Revenue Act of 1928 is amended by Period for tiling sus- adding at the end thereof a new sentence to read as follows : " If such pended. agreement has been entered into, the running of such statute of linii- voL45, p. 874. tations shall be suspended in accordance with the terms of the agreement ." Overpayments found SEC. 504. OVERPAYMENTS FOUND BY THE BOARD OF TAX APPEALS . by Board. Credit or refund . (a) The last sentence of section 322(d) of the Revenue Act of Vol. 47, p 243; Vol . 1932 and of the Revenue Act of 1928 are amended to read as follows 45, p.861 " No such credit. or refund shall be made of any portion of the tax unless the Board determines as part of its decision that it was paid within two years before the filing of the claim or the filing of the petition, whicheve r is earl ier ." Running of the star- ute of limitation . (b) The last sentence of section 528(d) of the Revenue Act of . Vol.47,p.258 . 1932 is amended to read as follows : " No such credit or refund shall be made of any portion of the tax unless the Board determines as part of its decision that it was paid within three years before the film of the claim or the filing of the petition, whichever is earlier ." Re fund r estrict ions . (c) The last sentence of section 284(e) of the Revenue Act of Vol.46,p.67 1926, as amended, is amended to read as follows : " Unless the Board determine s as part of its d ecision t hat the c laim for credit or refund, or the petition, was filed within the time prescribed in subdivision (g) for filing claims, no such credit or refund shall be made of any portion of the tax unless the Board determines as part of its decision that it was paid within four years (or, in the case of a tax imposed by this t itle, wit hin three years) b efore the filing o f the cla im or the filing of the petition, whichever is earlier ." Refund only when (d) The last sentence of section 319(c) of the Revenue Act of 1926, payment made within "No four years as amended, is amended to read as follows : such refund shall be made of any portion of the tax unless the Board determines as part of its decision that it was paid within four years (or in the case of a tax impos ed by thi s title, within th ree years ) before the filin g of the claim or the filing of the petition, whichever is earlier ." Pe nding, etc ., (e) The amendments made by subsections (a), (b), (c), and (d) of this section shall have no effect in the case of any proceeding before the Board on a petition if any hearing by the Board thereon has been held prior to 30 days after the date of the enactment of this Act.