Page:United States Statutes at Large Volume 53 Part 1.djvu/147

 ESTATE TAX 135 mined as the amount which should have been assessed is greater than the amount actually assessed, then the difference shall be assessed and shall be collected as part of the tax upon notice and demand from the collector. SEC. 873. CLAIMS IN ABATEMENT. No claim in abatement shall be filed in respect of the assessment of any estate tax imposed by this subchapter. SEC. 874. PERIOD OF LIMITATION UPON ASSESSMENT AND COLLEC- TION. (a) GENERAL RULE. -Except as provided in subsection (b) the amount of estate taxes imposed by this subchapter shall be assessed within three years after the return was filed, and no proceeding in court without assessment for the collection of such taxes shall be begun after the expiration of three years after the return was filed. (b) EXCEPTIONs. - (1) FALSE RETURN OR NO RETUS-N. -In the case of a false or fraud- ulent return with intent to evade tax or of a failure to file a return the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time. (2) COLLECTION AFTER ASSESSMENT. -Where the assessment of any tax imposed by this subchapter has been made within the statutory period of limitation properly applicable thereto, such tax may be collected by distraint or by a proceeding in court, but only if begun (1) within six years after the assessment of the tax, or (2) prior to the expiration of any period for collection agreed upon in writing by the Commissioner and the executor. SEC. 875. SUSPENSION OF RUNNING OF STATUTE. The running of the statute of limitations provided in section 874 on the making of assessments and the beginning of distraint or a proceeding in court for collection, in respect of any deficiency, shall (after the mailing of a notice under section 871 (a)) be sus- pended for the period during which the Commissioner is prohibited from making the assessment or beginning distraint or a proceeding in court (and in any event, if a proceeding in respect of the de- ficiency is placed on the docket of the Board, until the decision of the Board becomes final), and for GO days thereafter. SEC. 876. CROSS REFERENCE. For collection of unpaid deficiencies under provisions of general law and sale of property under judgment, see section 826 (a). SUPPLEMENT B--INTEREST, ADDITIONS TO THE TAX, AND PENALTIES SEC. 890. INTEREST ON EXTENDED PAYMENTS. (a) TAX SHOWN ON RETURN.-If the time for the payment is ex- tended as provided in section 822 (a) (2) there shallbe collected, as a part of such amount, interest thereon from the expiration of three months after the due date of the tax to the expiration of the period of the extension. In the case of any such extension, the rate of interest shall be 4 per centum per annum. (b) DEFICIENCY. -In case an extension for the payment of a defi- ciency is granted, as provided in section 871 (h), there shall be collected, as a part of the tax, interest on the part of the deficiency the time for payment of which is so extended, at the rate of 6 per centum per annum for the period of the extension, and no other in- terest shall be collected on such part of the deficiency for such period. SEC. 891. INTEREST ON DEFICIENCIES. Interest upon the amount determined as a deficiency shall be as- sessed at the same time as the deficiency shall be paid upon notice and demand from the collector, and shall be collected as a part of the

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