Page:United States Statutes at Large Volume 68A.djvu/810

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INTERNAL REVENUE CODE OF 1954

Subchapter B—Deficiency Procedures in the Case of Income, Estate, and Gift Taxes Sec. 6211. Definition of a deficiency. Sec. 6212. Notice of deficiency. Sec. 6213. Restrictions applicable to deficiencies; petition to Tax Court. Sec. 6214. Determinations by Tax Court. Sec. 6215. Assessment of deficiency found by Tax Court. Sec. 6216. Cross references. SEC. 6211. DEFINITION OF A DEFICIENCY.

(a) IN GENERAL.—For purposes of this title in the case of income, estate, and gift taxes, imposed by subtitles A and B, the term "deficiency" means the amount by which the tax imposed by subtitles A or B exceeds the excess of— (1) the sum of (A) the amount shown as the tax by the taxpayer upon his return, if a return was made by the taxpayer and an amount was shown as the tax by the taxpayer thereon, plus (B) the amounts previously assessed (or collected without assessment) as a deficiency, over— (2) the amount of rebates, as defined in subsection (b)(2), made. (b) RULES FOR APPLICATION OF SUBSECTION (a).—For purposes of

this section— (1) The tax imposed by chapter 1 and the tax shown on the return shall both be determined without regard to payments on account of estimated tax, without regard to the credit under section 31, and without regard to so much of the credit under section 32 as exceeds 2 percent of the interest on obligations described in section 1451. (2) The term "rebate" means so much of an abatement, credit, refund, or other repayment, as was made on the ground that the tax imposed by subtitles A or B was less than the excess of the amount specified in subsection (a)(1) over the rebates previously made. (3) The computation by the Secretary or his delegate, pursuant to section 6014, of the tax imposed by chapter 1 shall be considered as having been made by the taxpayer and the tax so computed considered as shown by the taxpayer upon his return. SEC. 6212. NOTICE OF DEFICIENCY.

(a) IN GENERAL.—If the Secretary or his delegate determines that there is a deficiency in respect of any tax imposed by subtitles A or B, he is authorized to send notice of such deficiency to the taxpayer by registered mail. (b) ADDRESS FOR NOTICE OP D E F I C I E N C Y. — (1) INCOME AND GIFT TAXES.—In the absence of notice to the

Secretary or his delegate under section 6903 of the existence of a fiduciary relationship, notice of a deficiency in respect of a tax §6211

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