Page:United States Statutes at Large Volume 52.djvu/617

 PUBLIC LAWS-CH. 289 -MAY 28, 1938 refund may be made of any portion paid after the mailing of the notice of deficiency." (c) The last sentence of section 322 (d), as amended, of the 47 Stat. 243; 45 Stat. Revenue Act of 1932 and of the Revenue Act of 1928, are 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 deci- sion that such portion was paid within two years before the filing of the claim or the filing of the petition, whichever is earlier or that such portion was paid after the mailing of the notice of defi- ciency; except that where the decision of the Board is rendered before the expiration of thirty days after the date of the enactment of the Revenue Act of 1938, the credit or refund may be made of any portion paid after the mailing of the notice of deficiency." (d) The last sentence of section 284 (e) of the Revenue Act of 44 Stat. 67. 1926, as amended, is amended to read as follows: "Unless the Board determines as part of its decision that the claim 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 title, within three years) before the filing of the claim or the filing of the petition, whichever is earlier or that such portion was paid after the mailing of the notice of deficiency; except that where the decision of the Board is rendered before the expiration of thirty days after the date of the enactment of the Revenue Act of 1938, the credit or refund may be made of any portion paid after the mailing of the notice of deficiency." (e) The last sentence of section 319 (c) of the Revenue Act of 26 st.a . C: 512. 1926, as amended, is amended to read as follows: "No such refund shall be made of any portion of the tax unless the Board determines as part of its decision that such portion was paid within four years (or, in the case of a tax imposed by this title, within three years) before the filing of the claim or the filing of the petition, whichever is earlier, or that such portion was paid after the mailing of the notice of deficiency; except that where the decision of the Board is rendered before the expiration of thirty days after the date of the enactment of the Revenue Act of 1938, the credit or refund may be made of any portion paid after the mailing of the notice of deficiency." Credits against So- cial Security Tax for 1936. Allowance of credit, contributions with respect to employ- ment. 49 Stat. 639. 42 U. S. C., Supp. Il, § 1101. Use of terms. Refund. SEC. 810. CREDITS AGAINST SOCIAL SECURITY TAX FOR 1936. (a) ALLOWANCE OF CnEDrr.- Against the tax for the calendar year 1936 imposed by section 901 of the Social Security Act, any taxpayer shall be allowed credit for the amount of contributions, with respect to employment during such year, paid by him, before the sixtieth day after the date of the enactment of this Act, into an unemploy- ment fund under a State law. The provisions of the Social Security Act (except the provision limiting such credit to amounts paid before the date of filing returns) shall apply to allowance of credit under this section, and the terms used in this subsection shall have the same meaning as when used in Title IX of the Social Security Act. (b) REFrND.- Refund of the tax (including penalty and interest collected with respect thereto, if any), based on any credit allowable under this section, may be made in accordance with the provisions of law applicable in the case of erroneous or illegal collection of the tax. No interest shall be allowed or paid on the amount of any such refund. 576 [52 STAT.

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