Page:United States Statutes at Large Volume 57 Part 1.djvu/153

 PUBLIC LAWS-CH. 120-JUNE 9, 1943 56 Stat. 893. 26 U. S. C., Supp. II, S 322 (a) (2). 56 Stat. 887. 26 U. S. C., Supp. II, §5465-470. Ante, p. 126. Ante, p. 139. 56 Stat. 890. 26 U. S. C., Supp. II, 466 (e). 66Stat. 893. 26 U. S. C., Supp. 11, 1 322 (e). 56 Stat. 887. 26 U. S. C., Supp. II, S5465 -470. Ante, p. 126. Ante, p. 139. 56 Stat. 890. 26U. ..(., Supp. II, §466 (e). 53 Stat. 464 . 26U. S. C. 13770 (a). 53 Stat. 91, 156. 26U.S.C.§§322, 1027; Supp. II, 5 322, 1027. Supra; ante, p . 139. 53 Stat. 464. 26 U.S. o. 3770. Supra. tax imposed by this chapter for the taxable year beginning in such calendar year. If more than one taxable year begins in any such calendar year such amount shall be allowed as a credit against the tax for the last taxable year so beginning." SEC. 4 . REFUNDS. (a) EXCESSIVE WITHHOLDING, ETc.-Section 322 (a) (2) of the Internal Revenue Code (relating to excessive withholding) is amended to read as follows: "(2) EXCEsSIVE WITHHOLDING.-W here the amount of the tax withheld at the source under Part II of Subchapter D or Sub- chapter D of Chapter 9 exceeds the taxes imposed by this chapter against which the tax so withheld may be credited under section 35 or 466 (e), the amount of such excess shall be considered an overpayment. "(3) CREDITS AGAINST ESTIMATED TAX.- The Commissioner is authorized to prescribe, with the approval of the Secretary, reg- ulations providing for the crediting against the estimated tax for any taxable year of the amount determined by the taxpayer or the Commissioner to be an overpayment of the tax for a preced- ing taxable year." (b) PRESUMPTION AS TO DATE OF PAYMENT. -Section 322 (e) of the Internal Revenue Code (relating to presumption as to date of pay- ment) is amended to read as follows: "(e) PRESUMPTION AS TO DATE OF PAYMENT.- For the purposes of this section, any tax actually deducted and withheld at the source during any calendar year under Part II of Subchapter D or under Subchapter D of Chapter 9 shall, in respect of the recipient of the income, be deemed to have been paid by him not earlier than the fifteenth day of the third month following the close of his taxable year with respect to which such tax is allowable as a credit under section 35 or section 466 (e). For the purposes of this section, any amount paid as estimated tax for any taxable year shall be deemed to have been paid not earlier than the fifteenth day of the third month following the close of such taxable year." (c) DELEGATION OF AUTHORITY TO COLIECTORS TO MAKE REFUNDS.- Section 3770 (a) of the Internal Revenue Code (relating to authority to make refunds) is amended (1) by striking out "(4)" at the begin- ning of paragraph (4) and inserting in lieu thereof "(5)"; and (2) by inserting after paragraph (3) the following: " (4) DELEGATION OF AUTHORITY TO COLLECTORS TO MAKE REFUNDs.- The Commissioner is authorized to delegate, with the approval of the Secretary, to collectors any authority, duty, or function which the Commissioner is authorized or required to exercise or perform under paragraph (1), (2), or (3) of this subsection, or under section 322 or 1027, where the amount involved (exclusive of interest, penalties, additions to the tax, and additional amounts) does not exceed $1,000." (d) OVERPAYMENTS. - Section 3770 of the Internal Revenue Code (relating to authority to make credits and refunds) is amended by inserting at the end thereof the following: "(c) RULE WHERE No TAX LIABILITY.-An amount paid as tax shal not be considered not to constitute an overpayment solely by reason of the fact that there was no tax liability in respect of which such amount was paid." 140 [57 STAT.

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