Page:United States Statutes at Large Volume 49 Part 1.djvu/1789

 1744 14TH C ONGRESS. SESS. II. CH. 690. JUNE 22, 1936. the Attorney General at the request of the Commissioner of Internal Revenue may direct a bill in chancery to be filed, in a district court of the United States, to enforce the lien of the United States for tax upon any property and rights to property, whether real or personal, or to subject any such property and rights to property owned by the delinquent, or in which he has any right, title, or inter- P ers ons claiming in- est, to the payment of such tax. All persons having liens upon or terest made parties . claiming any interest in the property or rights to property ert, sought to be subjected as afore said shall be made parties to such proceedings and be brought into court as provided in other suits in chancery ~Addjudication by therein. And the said court shall, at the term next after the parties have been duly notified of the proceedings, unless otherwise ordered by the court, proceed to adjudicate all matters involved therein and finally determine the me rits of all claims to and l iens upon the prop- erty and rights to property in question, and, in all cases where a claim or interest of the United States therein is established, may decree a sale of such property and rights to property, by the proper officer of the court, and a distribution of the proceeds of such sale according to the findings of the court in respect to the interests of Receiver, appoint- the parties and of the United States. In any such proceeding, at the me at of. instance of the United States, the court may appoint a receiver to enforce the lien, or, up on certification by the Com missioner of Inter- nal Re venue du ring the pendency of such proceedin gs that i t is in the public interest, may appoint a receiver with all the powers of a recei ver in eq uity ." Pending suits not (b) No suit brought by the United States to enforce any lien for abated . tax on any property, or rights to property, whether real or personal which is pendi ng in any court of the Uni ted State s on the date of the enactment of this Act, shall abate, but any such suit shall be conti nued in a ccor dance with the prov isio ns of subs ecti on (a ) of this section . Interest on erroneous refunds. Vol. 45, p. 875. Rate. Int ere st on ov erp ay- ments. Vol .45,p .876. SEC. 803 . IN TERE ST ON E RRON EOUS RE FUND S. (a) Section 610 of the Revenue Act of 1928, as amended, is amended by adding at the end thereof a new subsection to read as fol lo ws " (d ) Erroneous refunds recoverable by sui t under this section shall bear interest at the rate of 6 per centum per annum from the date of the payment of the refund." SEC . 804. INTEREST ON OVERPAYMENTS. Section 614 (a) (2) of the Revenue Act of 1928 is amended by striking out the period at the end thereof and inserting in lieu thereof the following : ", whether or not such refund check is accepted by the taxpaye r after t ender of such che ck to the taxpayer. Th e acceptance of such check shall be without prejudice to any right of the taxpayer to claim any additional overpayment and interest thereon ." Estate tax es . SEC. 805. ESTATE TA XES -REV OCAB LE TRAN SFER S . Vol . 44, p. 71; Vol . 48, p.752. (a) Section 302 (d) (1) of the Revenue Act of 1926, as amended, is amended to read as follows Revocable transfers "(d) (1) To the extent of any interest therein of which the dece- preeeding death. dent has at any time made a transfer (except in case of a bona-fide j sale for an adequate and full consideration in money or money's worth), by trust or otherwise, where the enjoyment thereof was sub- ect at the date of his death to any change through the exercise of a powe r (in wh atever ca pacity ex ercisabl e) by the decedent alone or by the decedent in conjunction with any other person (without