commenced, prior to the effective date of repeal of this section by section 1101 of Pub. L. 91-513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91-513, set out as a note under former sections 171 to 174 of Title 21, Food and Drugs. [§ 7492. Repealed. Pub. L. 94-455, title XIX, § 1952(n)(4)(A), Oct. 4, 1976, 90 Stat. 1846] Section, act Aug. 16, 1954, ch. 736, 68A Stat. 893, related to the enforceability of cotton futures contracts. EFFECTIVE DATE OF REPEAL Repeal of section by Pub. L. 94-455 effective on the 90th day after Oct. 4, 1976, see section 1952(o) of Pub. L. 94-455, set out as an Effective Date note under section 15b of Title 7, Agriculture. [8 7493. Repealed. Pub. L. 91-452, title II, § 232, Oct. 15, 1970, 84 Stat. 930] Section, act Aug. 16, 1954, ch. 736, 68A Stat. 893, provided that no person whose evidence is deemed material by the officer prosecuting on behalf of the United States in any case brought under any provision of subchapter D of chapter 39 of this title withhold his testimony because of complicity by him in any violation of subchapter D of chapter 39 of this title or of any regulation made pursuant to such chapter, but that such person called by such officer who testifies in the case be exempt from prosecution for any offense to which his testimony relates. See section 6001 et seq. of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF REPEAL Repeal effective on the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provisions note under section 6001 of Title 18, Crimes and Criminal Procedure. SAVINGS PROVISIONS Repeal of this section by Pub. L. 91-452 not to affect any immunity to which any individual was entitled under this section by reason of any testimony given before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provisions note under section 6001 of Title 18. CHAPTER 77-MISCELLANEOUS PROVISIONS Sec. 7501. 7502. 7503. 7504. 7505. 7506. 7507. 7508. 7509. 7510. [7511. 7512. 7513. 7514. 7515. Liability for taxes withheld or collected. Timely mailing treated as timely filing and paying. Time for performance of acts where last day falls on Saturday, Sunday, or legal holiday. Fractional parts of a dollar. Sale of personal property acquired by the United States. Administration of real estate acquired by the Exemption of insolvent banks from tax. Exemption from tax of domestic goods pur- Separate accounting for certain collected taxes, etc. Reproduction of returns and other documents. Authority to prescribe or modify seals. Special statistical studies and compilations and other services on request.' 'Section repealed by Pub. L. 94-455 without corresponding amendment of analysis. Furnishing on request of statement explain- 1976-Pub. L. 94-455, title XIX, § 1906(b)(11), (12), Oct. 4, 1976, 90 Stat. 1834, substituted "Time for performing certain acts postponed by reason of service in combat zone" for "Time for performing certain acts postponed by reason of war" in item 7508, and "Expenditures incurred by the United States Postal Service" for "Expenditures incurred by the Post Office Department" in item 7509. Pub. L. 94-455, title XX, § 2008(a)(2)(C), Oct. 4, 1976, 90 Stat. 1891, added item 7517 relating to statement explaining estate or gift valuation. 1966-Pub. L. 89-719, title I, § 111(c)(2), Nov. 2, 1966, 80 Stat. 1145, substituted "acquired" for "purchased" in item 7505. Pub. L. 89-713, § 5(b), Nov. 2, 1966, 80 Stat. 1111, added "and paying" at the end of item 7502. 1962-Pub. L. 87-870, § 3(a)(2), Oct. 23, 1962, 76 Stat. 1161, added items 7515 and 7516. Pub. L. 87-456, title III, § 302(d), May 24, 1962, 76 Stat. 77, repealed item 7511. 1958-Pub. L. 85-866, title I, §§ 90(b), 91(b), Sept. 2, 1958, 72 Stat. 1666, 1667, added items 7513 and 7514. Pub. L. 85-321, § 3(a), Feb. 11, 1958, 72 Stat. 6, added item 7512. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 7851 of this title. § 7501. Liability for taxes withheld or collected (a) General rule Whenever any person is required to collect or withhold any internal revenue tax from any other person and to pay over such tax to the United States, the amount of tax so collected or withheld shall be held to be a special fund in trust for the United States. The amount of such fund shall be assessed, collected, and paid in the same manner and subject to the same provisions and limitations (including penalties) as are applicable with respect to the taxes from which such fund arose. (b) Penalties For penalties applicable to violations of this section, see sections 6672 and 7202. (Aug. 16, 1954, ch. 736, 68A Stat. 895.) 87502. Timely mailing treated as timely filing and paying (a) General rule (1) Date of delivery If any return, claim, statement, or other document required to be filed, or any payment required to be made, within a prescribed period or on or before a prescribed date under authority of any provision of the internal revenue laws is, after such period or such date, delivered by United States mail to the agency, officer, or office with which such return, claim, statement, or other document is required to be filed, or to which such payment is required to be made, the date of the United States postmark stamped on the cover in which such return, claim, statement, or other document, or payment, is mailed shall be deemed to be the date of delivery or the date of payment, as the case may be. (2) Mailing requirements This subsection shall apply only if (A) the postmark date falls within the prescribed period or on or before the prescribed date (i) for the filing (including any extension granted for such filing) of the return, claim, statement, or other document, or (ii) for making the payment (including any extension granted for making such payment), and (B) the return, claim, statement, or other document, or payment was, within the time prescribed in subparagraph (A), deposited in the mail in the United States in an envelope or other appropriate wrapper, postage prepaid, properly addressed to the agency, officer, or office with which the return, claim, statement, or other document is required to be filed, or to which such payment is required to be made. (b) Postmarks This section shall apply in the case of postmarks not made by the United States Postal Service only if and to the extent provided by regulations prescribed by the Secretary (c) Registered and certified mailing (1) Registered mail For purposes of this section, if any such return, claim, statement, or other document, or payment, is sent by United States registered mail— (A) such registration shall be prima facie evidence that the return, claim, statement, or other document was delivered to the agency, officer, or office to which addressed, and (B) the date of registration shall be deemed the postmark date. (2) Certified mail The Secretary is authorized to provide by regulations the extent to which the provisions of paragraph (1) of this subsection with respect to prima facie evidence of delivery and the postmark date shall apply to certified mail. (d) Exceptions This section shall not apply with respect to(1) the filing of a document in, or the making of a payment to, any court other than the Tax Court, (2) currency or other medium of payment unless actually received and accounted for, or (3) returns, claims, statements, or other documents, or payments, which are required under any provision of the internal revenue laws or the regulations thereunder to be delivered by any method other than by mailing. (e) Mailing of deposits (1) Date of deposit If any deposit required to be made (pursuant to regulations prescribed by the Secretary under section 6302(c)) on or before a prescribed date is, after such date, delivered by the United States mail to the bank, trust company, domestic building and loan association, or credit union authorized to receive such deposit, such deposit shall be deemed received by such bank, trust company, domestic building and loan association, or credit union on the date the deposit was mailed. (2) Mailing requirements Paragraph (1) shall apply only if the person required to make the deposit establishes that (A) the date of mailing falls on or before the second day before the prescribed date for making the deposit (including any extension of time granted for making such deposit), and (B) the deposit was, on or before such second day, mailed in the United States in an envelope or other appropriate wrapper, postage prepaid, properly addressed to the bank, trust company, domestic building and loan association, or credit union authorized to receive such deposit. In applying subsection (c) for purposes of this subsection, the term "payment" includes "deposit", and the reference to the postmark date refers to the date of mailing. (Aug. 16, 1954, ch. 736, 68A Stat. 895; Sept. 2, 1958, Pub. L. 85-866, title I, § 89(a), 72 Stat. 1665; Nov. 2, 1966, Pub. L. 89-713, § 5(a), 80 Stat. 1110; June 28, 1968, Pub. L. 90-364, title I, § 106(a), 82 Stat. 266; Oct. 4, 1976, Pub. L. 94-455, title XIX, §§ 1906(a)(49), (b)(13)(A), 90 Stat. 1831, 1834; Oct. 28, 1977, Pub. L. 95-147, § 3(b), 91 Stat. 1228.) REFERENCES IN TEXT The internal revenue laws, referred to in subsec. (d)(3), are classified generally to this title. AMENDMENTS 1977-Subsec. (e). Pub. L. 95-147 substituted", trust company, domestic building and loan association, or credit union" for "or trust company" in three places. 1976-Subsec. (b). Pub. L. 94-455, § 1906(a)(49), (b)(13)(A), substituted "United States Postal Service" for "United States Post Office" following "made by the", and struck out "or his delegate" following "Secretary". Subsec. (c)(2). Pub. L. 94-455, § 1906(b)(13)(A), struck out "or his delegate" following "Secretary". Subsec. (e)(1). Pub. L. 94-455, § 1906(b)(13)(A), struck out "or his delegate" following "Secretary". 1968-Subsec. (e). Pub. L. 90-364 added subsec. (e). 1966-Subsec. (a). Pub. L. 89-713 added the filing of tax returns and the payments of tax to the list of operations to which the timely-mailing-timely-filing provisions of the subsec. apply and altered the subsec. structurally by dividing its provisions into pars. (1) and (2). Subsec. (b). Pub. L. 89-713 substituted "Postmarks" for "Stamp machine" as the subsec. heading. Subsec. (c). Pub. L. 89-713 added returns and payments to the list of operations to which the timelymailing-timely-filing provisions apply and altered par. (1) structurally by dividing its provisions into subpars. (A) and (B). Subsec. (d). Pub. L. 89-713 designated existing provisions as par. (1) and added pars. (2) and (3). 1958-Subsec. (c). Pub. L. 85-866 designated existing provisions as par. (1) and added par. (2). AMENDMENTS EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-147 applicable to amounts deposited after Oct. 28, 1977, see section 3(c) of Pub. L. 95-147, set out as a note under section 6302 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment of subsec. (b) by section 1906(a)(49) of Pub. L. 94-455 effective on the first day of the first month which begins more than 90 days after Oct. 4, 1976, see section 1906(d)(1) of Pub. L. 94-455, set out as a note under section 6013 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Section 106(b) of Pub. L. 90-364 provided that: "The amendment made by subsec. (a) [adding subsec. (e) of this section] shall apply only as to mailing occurring after the date of the enactment of this Act [June 28, 1968]." EFFECTIVE DATE OF 1966 AMENDMENT Section 5(c) of Pub. L. 89-713 provided that: "The amendments made by this section [amending this section] shall apply only if the mailing occurs after the date of the enactment of this Act [Nov. 2, 1966]." EFFECTIVE DATE OF 1958 AMENDMENT Section 89(d) of Pub. L. 85-866 provided that: "This section [amending sections 167(d), 6164(d)(2), 6212(a)(b)(2), 6532(a)(1)(4), 7455, and 7502(c) of this title] shall apply only if the mailing occurs after the date of the enactment of this Act [Sept. 2, 1958]." CROSS REFERENCES Period of limitation on filing claim for refund, see section 6511 of this title. Time return deemed filed and tax considered paid, see section 6513 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7851 of this title. § 7503. Time for performance of acts where last day falls on Saturday, Sunday, or legal holiday When the last day prescribed under authority of the internal revenue laws for performing any act falls on Saturday, Sunday, or a legal holiday, the performance of such act shall be considered timely if it is performed on the next succeeding day which is not a Saturday, Sunday, or a legal holiday. For purposes of this section, the last day for the performance of any act shall be determined by including any authorized extension of time; the term "legal holiday" means a legal holiday in the District of Columbia; and in the case of any return, statement, or other document required to be filed, or any other act required under authority of the internal revenue laws to be performed, at any office of the Secretary or at any other office of the United States or any agency thereof, located outside the District of Columbia but within an internal revenue district, the term “legal holiday” also means a Statewide legal holiday in the State where such office is located. (Aug. 16, 1954, ch. 736, 68A Stat. 896; Oct. 4, 1976, Pub. L. 94-455, title XIX, § 1906(b)(13)(A), 90 Stat. 1834.) REFERENCES IN TEXT The internal revenue laws, referred to in the text, are classified generally to this title. 1976-Pub. L. 94-455 struck out “or his delegate" following "Secretary". SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 267, 7851 of this title. § 7504. Fractional parts of a dollar The Secretary may by regulations provide that in the allowance of any amount as a credit or refund, or in the collection of any amount as a deficiency or underpayment, of any tax imposed by this title, a fractional part of a dollar shall be disregarded, unless it amounts to 50 cents or more, in which case it shall be increased to 1 dollar. (Aug. 16, 1954, ch. 736, 68A Stat. 896; Oct. 4, 1976, Pub. L. 94-455, title XIX, § 1906(b)(13)(A), 90 Stat. 1834.) AMENDMENTS 1976-Pub. L. 94-455 struck out "or his delegate" following "Secretary". CROSS REFERENCES Computations on returns or other documents, see section 6102 of this title. Fractional parts of a cent, see section 6313 of this title. Section as inapplicable to gasoline used on farms, see section 6420 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6420 of this title. § 7505. Sale of personal property acquired by the United States (a) Sale Any personal property acquired by the United States in payment of or as security for debts arising under the internal revenue laws may be sold by the Secretary in accordance with such regulations as may be prescribed by the Secretary. (b) Accounting In case of the resale of such property, the proceeds of the sale shall be paid into the Treasury as internal revenue collections, and there shall be rendered a distinct account of all charges incurred in such sales. (Aug. 16, 1954, ch. 736, 68A Stat. 896; Nov. 2, 1966, Pub. L. 89-719, title I, § 111(a), (c)(1), 80 Stat. 1145; Oct. 4, 1976, Pub. L. 94-455, title XIX, § 1906(b)(13)(A), 90 Stat. 1834.) REFERENCES IN TEXT The internal revenue laws, referred to in subsec. (a), are classified generally to this title. AMENDMENTS 1976-Subsec. (a). Pub. L. 94-455 struck out "or his delegate" following "Secretary" wherever appearing. 1966-Pub. L. 89-719 substituted "acquired by the United States in payment of or as security for debts arising under the internal revenue laws" for "“purchased by the United States under the authority of section 6335(e) (relating to purchase for the account of the United States of property sold under levy)" in subsec. (a), and substituted "acquired" for "purchased" in the section catchline. EFFECTIVE DATE OF 1966 Amendment Amendment by Pub. L. 89-719 applicable after Nov. 2, 1966, regardless of when the title or lien of the United States arose or when the lien or interest of another person was acquired, with certain exceptions, see section 114(a)-(c) of Pub. L. 89-719, set out as a note under section 6323 of this title. § 7506. Administration of real estate acquired by the United States (a) Person charged with The Secretary shall have charge of all real estate which is or shall become the property of the United States by judgment of forfeiture under the internal revenue laws, or which has been or shall be assigned, set off, or conveyed by purchase or otherwise to the United States in payment of debts or penalties arising under the laws relating to internal revenue, or which has been or shall be vested in the United States by mortgage or other security for the payment of such debts, or which has been redeemed by the United States, and of all trusts created for the use of the United States in payment of such debts due them. (b) Sale The Secretary, may, at public sale, and upon not less than 20 days' notice, sell and dispose of any real estate owned or held by the United States as aforesaid. (c) Lease Until such sale, the Secretary may lease such real estate owned as aforesaid on such terms and for such period as the Secretary shall deem proper. (d) Release to debtor In cases where real estate has or may become the property of the United States by conveyance or otherwise, in payment of or as security for a debt arising under the laws relating to internal revenue, and such debt shall have been paid, together with the interest thereon, at the rate of 1 percent per month, to the United States, within 2 years from the date of the acquisition of such real estate, it shall be lawful for the Secretary to release by deed or otherwise convey such real estate to the debtor from whom it was taken, or to his heirs or other legal representatives. (Aug. 16, 1954, ch. 736, 68A Stat. 896; Nov. 2, 1966, Pub. L. 89-719, title I, § 111(b), 80 Stat. 1145; Oct. 4, 1976, Pub. L. 94-455, title XIX, § 1906(b)(13)(A), 90 Stat. 1834.) REFERENCES IN TEXT The internal revenue laws, referred to in subsecs. (a) and (d), are classified generally to this title. AMENDMENTS 1976-Subsecs. (a) to (d). Pub. L. 94-455 struck out "or his delegate" following "Secretary", wherever appearing. 1966-Subsec. (a). Pub. L. 89-719 inserted reference to real estate which has been redeemed by the United States. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-719 applicable after Nov. 2, 1966, regardless of when the title or lien of the United States arose or when the lien or interest of another person was acquired, with certain exceptions, see section 114(a)-(c) of Pub. L. 89-719, set out as a note under section 6323 of this title. CROSS REFERENCES Charge by Administrator of General Services of lands and other property, transferred to the United States in payment of debts other than those arising under the internal revenue laws, see section 301 of Title 40, Public Buildings, Property, and Works. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7809 of this title. § 7507. Exemption of insolvent banks from tax (a) Assets in general Whenever and after any bank or trust company, a substantial portion of the business of which consists of receiving deposits and making loans and discounts, has ceased to do business by reason of insolvency or bankruptcy, no tax shall be assessed or collected, or paid into the Treasury of the United States, on account of such bank or trust company, which shall diminish the assets thereof necessary for the full payment of all its depositors; and such tax shall be abated from such national banks as are found by the Comptroller of the Currency to be insolvent; and the Secretary, when the facts shall appear to him, is authorized to remit so much of the said tax against any such insolvent banks and trust companies organized under State law as shall be found to affect the claims of their depositors. (b) Segregated assets; earnings Whenever any bank or trust company, a substantial portion of the business of which consists of receiving deposits and making loans and discounts, has been released or discharged from its liability to its depositors for any part of their claims against it, and such depositors have accepted, in lieu thereof, a lien upon subsequent earnings of such bank or trust company, or claims against assets segregated by such bank or trust company or against assets transferred from it to an individual or corporate trustee or agent, no tax shall be assessed or collected, or paid into the Treasury of the United States, on account of such bank or trust company, such individual or corporate trustee or such agent, which shall diminish the assets thereof which are available for the payment of such depositor claims and which are necessary for the full payment thereof. The term "agent", as used in this subsection, shall be deemed to include a corporation acting as a liquidating agent. (c) Refund; reassessment; statutes of limitation (1) Any such tax collected shall be deemed to be erroneously collected, and shall be refunded subject to all provisions and limitations of law, so far as applicable, relating to the refunding of taxes. (2) Any tax, the assessment, collection, or payment of which is barred under subsection (a), or any such tax which has been abated or remitted shall be assessed or reassessed whenever it shall appear that payment of the tax will not diminish the assets as aforesaid. (3) Any tax, the assessment, collection, or payment of which is barred under subsection (b), or any such tax which has been refunded shall be assessed or reassessed after full payment of such claims of depositors to the extent of the remaining assets segregated or transferred as described in subsection (b). (4) The running of the statute of limitations on the making of assessment and collection shall be suspended during, and for 90 days beyond, the period for which, pursuant to this section, assessment or collection may not be made, and a tax may be reassessed as provided in paragraphs (2) and (3) of this subsection and collected, during the time within which, had there been no abatement, collection might have been made. (d) Exception of employment taxes This section shall not apply to any tax imposed by chapter 21 or chapter 23. (Aug. 16, 1954, ch. 736, 68A Stat. 897; Oct. 4, 1976, Pub. L. 94-455, title XIX, § 1906(a)(50), (b)(13)(A), 90 Stat. 1831, 1834.) AMENDMENTS 1976-Subsec. (a). Pub. L. 94-455, § 1906(b)(13)(A), struck out "or his delegate" following "Secretary". Subsec. (c). Pub. L. 94-455, § 1906(a)(50), struck out "after May 28, 1938" in par. (2) following "or remitted" and in par. (3) following "been refunded". EFFECTIVE DATE OF 1976 AMENDMENT Amendment of subsec. (c) by section 1906(a)(50) of Pub. L. 94-455 effective on the first day of the first month which begins more than 90 days after Oct. 4, 1976, see section 1906(d)(1) of Pub. L. 94-455, set out as a note under section 6013 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 6207, 6504 of this title. § 7508. Time for performing certain acts postponed by reason of service in combat zone (a) Time to be disregarded In the case of an individual serving in the Armed Forces of the United States, or serving in support of such Armed Forces, in an area designated by the President of the United States by Executive order as a "combat zone" for purposes of section 112, at any time during the period designated by the President by Executive order as the period of combatant activities in such zone for purposes of such section, or hospitalized outside the United States as a result of injury received while serving in such an area during such time, the period of service in such area, plus the period of continuous hospitalization outside the United States attributable to such injury, and the next 180 days thereafter, shall be disregarded in determining, under the internal revenue laws, in respect of any tax liability (including any interest, penalty, additional amount, or addition to the tax) of such individual— (1) Whether any of the following acts was performed within the time prescribed therefor: (A) Filing any return of income, estate, or gift tax (except income tax withheld at source and income tax imposed by subtitle C or any law superseded thereby); (B) Payment of any income, estate, or gift tax (except income tax withheld at source and income tax imposed by subtitle C or any law superseded thereby) or any installment thereof or of any other liability to the United States in respect thereof; (C) Filing a petition with the Tax Court for redetermination of a deficiency, or for review of a decision rendered by the Tax Court; (D) Allowance of a credit or refund of any tax; (E) Filing a claim for credit or refund of any tax; (F) Bringing suit upon any such claim for credit or refund; (G) Assessment of any tax; (H) Giving or making any notice or demand for the payment of any tax, or with respect to any liability to the United States in respect of any tax; (I) Collection, by the Secretary, by levy or otherwise, of the amount of any liability in respect of any tax; (J) Bringing suit by the United States, or any officer on its behalf, in respect of any liability in respect of any tax; and (K) Any other act required or permitted under the internal revenue laws specified in regulations prescribed under this section by the Secretary; (2) The amount of any credit or refund (including interest). (b) Application to spouse The provisions of this section shall apply to the spouse of any individual entitled to the benefits of subsection (a). The preceding sentence shall not cause this section to apply to any spouse for any taxable year beginning (1) after December 31, 1982, in the case of service in the combat zone designated for purposes of the Vietnam conflict, or (2) more than 2 years after the date designated under section 112 as the date of termination of combatant activities in that zone, in the case of any combat zone other than that referred to in paragraph (1). (c) Missing status The period of service in the area referred to in subsection (a) shall include the period during which an individual entitled to benefits under subsection (a) is in a missing status, within the meaning of section 6013(f)(3). (d) Exceptions (1) Tax in jeopardy; cases under title 11 of the United States Code and receiverships; and transferred assets Notwithstanding the provisions of subsection (a), any action or proceeding authorized by section 6851 (regardless of the taxable |