Calendar Year 1944 is not filed within the period provided in such subsection, then the amount the collection of which is stayed by the bond will be paid on notice and demand at any time after the expiration of such period, together with interest thereon at the rate of 6 per centum per annum from the date of the jeopardy notice and demand to the date of notice and demand under this subsection. Sec. 1013. (h) Waiver of stay.Upon the filing of the bond the collection of so much of the amount assessed as is covered by the bond shall be stayed. The donor shall have the right to waive such stay at any time in respect of the whole or any part of the amount covered by the bond, and if as a result of such waiver any part of the amount covered by the bond is paid, then the bond shall, at the request of the donor, be proportionately reduced. If the Board determines that the amount assessed is greater than the amount which should have been assessed, then when the decision of the Board is rendered the bond shall, at the request of the donor, be proportionately reduced. is not filed within the period pro- is not filed within the period pro- Sec. 1013. (h) Waiver of stay.Sec. 1013. (h) Waiver of stay.Upon the filing of the bond the col- Upon the filing of the bond the collection of so much of the amount lection of so much of the amount assessed as is covered by the bond assessed as is covered by the bond shall be stayed. The donor shall shall be stayed. The donor shall have the right to waive such stay at have the right to waive such stay at any time in respect of the whole or any time in respect of the whole or any part of the amount covered by any part of the amount covered by the bond, and if as a result of such the bond, and if as a result of such waiver any part of the amount waiver any part of the amount covered by the bond is paid, then covered by the bond is paid, then the bond shall, at the request of the the bond shall, at the request of the donor, be proportionately reduced. donor, be proportionately reduced. If the Board determines that the If the Board determines that the amount assessed is greater than the amount assessed is greater than the amount which should have been amount which should have been assessed, then when the decision of assessed, then when the decision of the Board is rendered the bond the Board is rendered the bond shall, at the request of the donor, be proportionately reduced. shall, at the request of the donor, be proportionately reduced. Sec. 1013. (i) Collection of unpaid amounts.-When the petition has been filed with the Board and Sec. 1013. (i) Collection of un- Sec. 1013. (i) Collection of unpaid amounts. When the petition paid amounts.-When the petition has been filed with the Board and has been filed with the Board and when the amount which should when the amount which should when the amount which should have been assessed has been deter- have been assessed has been deter- have been assessed has been determined by a decision of the Board mined by a decision of the Board mined by a decision of the Board which has become final, then any which has become final, then any which has become final, then any unpaid portion, the collection of unpaid portion, the collection of unpaid portion, the collection of which has been stayed by the bond, which has been stayed by the bond, which has been stayed by the bond, shall be collected as part of the shall be collected as part of the shall be collected as part of the tax upon notice and demand from tax upon notice and demand from tax upon notice and demand from the collector, and any remaining the collector, and any remaining the collector, and any remaining portion of the assessment shall be portion of the assessment shall be portion of the assessment shall be abated. If the amount already abated. If the amount already abated. If the amount already collected exceeds the amount de- collected exceeds the amount de- collected exceeds the amount de termined as the amount which should have been assessed, such excess shall be credited or refunded as provided in section 1027, without the filing of claim therefor. If the termined as the amount which termined should have been assessed, such ex- as the amount which should have been assessed, such excess shall be credited or refunded as provided in section 1027, without the filing of claim therefor. If the amount determined as the amount which should have been assessed is amount determined as the amount amount determined as the amount which should have been assessed is which should have been assessed is greater than the amount actually greater than the amount actually assessed, then the difference shall assessed, then the difference shall greater than the amount actually be assessed and shall be collected be assessed and shall be collected as part of the tax upon notice and as part of the tax upon notice and demand from the collector. demand from the collector. Sec. 1014. Claims in abatement. Sec. 1014. Claims in abatement. No claim in abatement shall be filed in respect of any assessment in filed in respect of any assessment in assessed, then the difference shall be assessed and shall be collected as part of the tax upon notice and demand from the collector. Sec. 1014. Claims in abatement. No claim in abatement shall be filed in respect of any assessment in is not filed within the period pro- is not filed within the period pro- Sec. 1013. (h) Waiver of stay.- Sec. 1013. (h) Waiver of stay.Upon the filing of the bond the col-Upon the filing of the bond the collection of so much of the amount lection of so much of the amount assessed as is covered by the bond assessed as is covered by the bond shall be stayed. The donor shall shall be stayed. The donor shall have the right to waive such stay at have the right to waive such stay at any time in respect of the whole or any time in respect of the whole or any part of the amount covered by any part of the amount covered by the bond, and if as a result of such the bond, and if as a result of such waiver any part of the amount waiver any part of the amount covered by the bond is paid, then covered by the bond is paid, then the bond shall, at the request of the the bond shall, at the request of the donor, be proportionately reduced. donor, be proportionately reduced. If the Board determines that the If the Board determines that the amount assessed is greater than the amount assessed is greater than the amount which should have been amount which should have been assessed, then when the decision of assessed, then when the decision of the Board is rendered the bond shall, at the request of the donor, be proportionately reduced. the Board is rendered the bond Sec. 1013. (i) Collection of un- Sec. 1013. (i) Collection of unpaid amounts.-When the petition paid amounts.-When the petition has been filed with the Board and has been filed with the Board and when the amount which should when the amount, which should have been assessed has been deter- have been assessed has been determined by a decision of the Board mined by a decision of the Board which has become final, then any which has become final, then any unpaid portion, the collection of unpaid portion, the collection of which has been stayed by the bond, which has been stayed by the bond, shall be collected as part of the shall be collected as part of the tax upon notice and demand from tax upon notice and demand from the collector, and any remaining the collector, and any remaining portion of the assessment shall be portion of the assessment shall be abated. If the amount already abated. If the amount already collected exceeds the amount de- collected exceeds the amount determined as the amount which termined as the amount which should have been assessed, such excess shall be credited or refunded as provided in section 1027, without the filing of claim therefor. If the amount determined 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 be assessed and shall be collected as part of the tax upon notice and demand from the collector. Sec. 1014. Claims in abatement. No claim in abatement shall be filed in respect of any assessment in should have been assessed, such ex- as part of the tax upon notice and Sec. 1014. Claims in abatement. No claim in abatement shall be filed in respect of any assessment in Calendar Years before 1940 Sec. 514. (h) Waiver of stay. See p. 551, Eighth Edition. Sec. 514. (i) Collection of unpaid amounts. See p. 551, Eighth Edition. Sec. 515. Claims in abatement. See p. 551, Eighth Edition. Calendar Year 1944 Calendar Year 1943 Calendar Year 1942 respect of any tax imposed by this respect of any tax imposed by this respect of any tax imposed by this chapter. chapter. Sec. 1015. Bankruptcy and receiverships. Sec. 1015. Bankruptcy and receiverships. Sec. 1015. (a) Immediate assess chapter. Sec. 1015. Bankruptcy and receiverships. Sec. 1015. (a) Immediate assessSec. 1015. (a) Immediate assessment. Upon the adjudication of ment.-Upon the adjudication of ment.-Upon the adjudication of bankruptcy of any donor in any bankruptcy of any donor in any bankruptcy of any donor in any bankruptcy proceeding or the ap- bankruptcy proceeding or the ap- bankruptcy proceeding or the appointment of a receiver for any pointment of a receiver for any pointment of a receiver for any donor in any receivership proceed- donor in any receivership proceed- donor in any receivership proceeding before any court of the United ing before any court of the United ing before any court of the United States or of any State or Territory States or of any State or Territory States or of any State or Territory or of the District of Columbia, any or of the District of Columbia, any or of the District of Columbia, any deficiency (together with all inter- deficiency (together with all inter-deficiency (together with all interest, additional amounts, or addi- est, additional amounts, or addi- est, additional amounts, or additions to the tax provided for by tions to the tax provided for by tions to the tax provided for by law) determined by the Commis- law) determined by the Commis- law) determined by the Commissioner in respect of a tax imposed sioner in respect of a tax imposed sioner in respect of a tax imposed by this chapter upon such donor by this chapter upon such donor by this chapter upon such donor shall, despite the restrictions im- shall, despite the restrictions im- shall, despite the restrictions imposed by section 1012 (a) upon posed by section 1012 (a) upon posed by section 1012 (a) upon assessments be immediately assessed assessments be immediately assessed assessments be immediately assessed if such deficiency has not thereto- if such deficiency has not thereto- if such deficiency has not theretofore been assessed in accordance fore been assessed in accordance fore been assessed in accordance with law. Claims for the deficiency with law. Claims for the deficiency with law. Claims for the deficiency and such interest, additional and such interest, additional and such interest, additional amounts and additions to the tax amounts and additions to the tax amounts and additions to the tax may be presented, for adjudication may be presented, for adjudication may be presented, for adjudication in accordance with law, to the in accordance with law, to the in accordance with law, to the court before which the bankruptcy court before which the bankruptcy court before which the bankrupter or receivership proceeding is pend- or receivership proceeding is pend- or receivership proceeding is pending, despite the pendency of pro- ing, despite the pendency of pro-ing, despite the pendency of proceedings for the redetermination of ceedings for the redetermination of ceedings for the redetermination of the deficiency in pursuance of the deficiency in pursuance of the deficiency in pursuance of a petition to the Board; but a petition to the Board; but a petition to the Board; ba: no petition for any such re- no petition for any such redetermination shall be filed with determination shall be filed with the Board after the adjudication of the Board after the adjudication of bankruptcy or the appointment of bankruptcy or the appointment of the receiver. the receiver. any no petition for such redetermination shall be filed with the Board after the adjudication of bankruptcy or the appointment of the receiver. Sec. 1015. (b) Unpaid claims.- Sec. 1015. (b) Unpaid claims.- Sec. 1015. (b) Unpaid claims.— Any portion of the claim allowed Any portion of the claim allowed Any portion of the claim allowed in such bankruptcy or receivership in such bankruptcy or receivership in such bankruptcy or receivership proceeding which is unpaid shall be proceeding which is unpaid shall be proceeding which is unpaid shall be paid by the donor upon notice and paid by the donor upon notice and paid by the donor upon notice and demand from the collector after the demand from the collector after the demand from the collector after the termination of such proceeding, termination of such proceeding, termination of such proceeding, and may be collected by distraint and may be collected by distraint and may be collected by distraint or proceeding in court within six or proceeding in court within six or proceeding in court within six years after termination of such pro- years after termination of such pro- years after termination of such proceeding. Extensions of time for ceeding. Extensions of time for ceeding. Extensions of time for such payment may be had in the such payment may be had in the such payment may be had in the same manner and subject to the same manner and subject to the same manner and subject to the same provisions and limitations as same provisions and limitations as same provisions and limitations as are provided in sections 1012 (i), are provided in sections 1012 (i), are provided in sections 1012 (i), 1020 (b), and 1023 (b) (3) in the 1020 (b), and 1023 (b) (3) in the case of a deficiency in a tax im- case of a deficiency in a tax imposed by this chapter. posed by this chapter. Sec. 1016. Period of limitation upon assessment and collection. Sec. 1016. Period of limitation upon assessment and collection. 1020 (b), and 1023 (b) (3) in the case of a deficiency in a tax imposed by this chapter. Sec. 1016. Period of limitation upon assessment and collection. respect of any tax imposed by this respect of any tax imposed by this chapter. Sec. 1015. Bankruptcy and receiverships. chapter. Sec. 1015. Bankruptcy and receiverships. Calendar Years before 1940 Sec. 516. Bankruptcy and receiverships. Sec. 516. (a) Immediate assess Sec. 1015. (a) Immediate assess- Sec. 1015. (a) Immediate assessment. Upon the adjudication of ment.-Upon the adjudication of ment. bankruptcy of any donor in any bankruptcy of any donor in any bankruptcy proceeding or the ap- bankruptcy proceeding or the appointment of a receiver for any pointment of a receiver for any donor in any receivership proceed-donor in any receivership proceeding before any court of the United ing before any court of the United States or of any State or Territory States or of any State or Territory or of the District of Columbia, any or of the District of Columbia, any deficiency (together with all inter-deficiency (together with all interest, additional amounts, or addi- est, additional amounts, or additions to the tax provided for by tions to the tax provided for by law) determined by the Commis- law) determined by the Commissioner in respect of a tax imposed sioner in respect of a tax imposed by this chapter upon such donor by this chapter upon such donor shall, despite the restrictions im- shall, despite the restrictions imposed by section 1012 (a) upon posed by section 1012 (a) upon assessments be immediately assessed assessments be immediately assessed if such deficiency has not thereto- if such deficiency has not theretofore been assessed in accordance fore been assessed in accordance with law. Claims for the deficiency with law. Claims for the deficiency and such interest, additional and such interest, additional amounts and additions to the tax amounts and additions to the tax may be presented, for adjudication may be presented, for adjudication. in accordance with law, to the in accordance with law, to the court before which the bankruptcy court before which the bankruptcy or receivership proceeding is pend- or receivership proceeding is pending, despite the pendency of pro-ing, despite the pendency of proceedings for the redetermination of ceedings for the redetermination of the deficiency in pursuance of the deficiency in pursuance of a petition to the Board; but a petition to the Board; but no petition for any such re- no petition for any such redetermination shall be filed with determination shall be filed with the Board after the adjudication of the Board after the adjudication of bankruptcy or the appointment of bankruptcy or the appointment of the receiver. the receiver. Sec. 1015. (b) Unpaid claims.- Sec. 1015. (b) Unpaid claims.— Any portion of the claim allowed Any portion of the claim allowed in such bankruptcy or receivership in such bankruptcy or receivership proceeding which is unpaid shall be proceeding which is unpaid shall be paid by the donor upon notice and paid by the donor upon notice and demand from the collector after the demand from the collector after the termination of such proceeding, termination of such proceeding, and may be collected by distraint and may be collected by distraint or proceeding in court within six or proceeding in court within six years after termination of such pro- years after termination of such proceeding. Extensions of time for ceeding. Extensions of time for such payment may be had in the such payment may be had in the same manner and subject to the same manner and subject to the same provisions and limitations as same provisions and limitations as are provided in sections 1012 (i), 1020 (b), and 1023 (b) (3) in the case of a deficiency in a tax imposed by this chapter. Sec. 1016. Period of limitation upon assessment and collection. are provided in sections 1012 (i), Sec. 1016. Period of limitation upon assessment and collection. See p. 551, Eighth Edition. Sec. 516. (b) Unpaid claims. Sec. 517. Period of limitation upon assessment and collection. Calendar Year 1944 Calendar Year 1943 Calendar Year 1942 Sec. 1016. (a) General rule.— Sec. 1016. (a) General rule.- Sec. 1016. (a) General rule.— Except as provided in subsection Except as provided in subsection Except as provided in subsection (b), the amount of taxes imposed (b), the amount of taxes imposed (b), the amount of taxes imposed by this chapter shall be assessed by this chapter shall be assessed by this chapter shall be assessed within three years after the return within three years after the return within three years after the return was filed, and no proceeding in was filed, and no proceeding in was filed, and no proceeding in court without assessment for the court without assessment for the court without assessment for the collection of such taxes shall be be- collection of such taxes shall be be- collection of such taxes shall be begun after the expiration of three gun after the expiration of three gun after the expiration of three years after the return was filed. years after the return was filed. years after the return was filed. Sec. 1016. (b) Exceptions. Sec. 1016. (b) Exceptions. Sec. 1016. (b) (1) False return or no return.-In the case of a false or fraudulent 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. Sec. 1016. (b) Exceptions.— Sec. 1016. (b) (1) False return or no return.-In the case of a false or fraudulent 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. Sec. 1016. (b) (1) False return or no return.-In the case of a false or fraudulent 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. Sec. 1016. (b) (2) Collection Sec. 1016. (b) (2) Collection Sec. 1016. (b) (2) Collection after assessment.-Where the as- after assessment.-Where the as- after assessment.-Where the assessment of any tax imposed by sessment of any tax imposed by sessment of any tax imposed by this chapter has been made within this chapter has been made within this chapter has been made within the statutory period of limitation the statutory period of limitation the statutory period of limitation properly applicable thereto, such properly applicable thereto, such properly applicable thereto, such tax may be collected by distraint or tax may be collected by distraint or tax may be collected by distraint or by a proceeding in court, but only by a proceeding in court, but only by a proceeding in court, but only if begun (1) within six years after if begun (1) within six years after if begun (1) within six years after the assessment of the tax, or (2) the assessment of the tax, or (2) the assessment of the tax, or (2) prior to the expiration of any pe- prior to the expiration of any pe- prior to the expiration of any period for collection agreed upon in riod for collection agreed upon in riod for collection agreed upon in writing by the Commissioner and writing by the Commissioner and writing by the Commissioner and the donor. the donor. the donor. Sec. 1017. Suspension of running of statute. Sec. 1017. Suspension of running of statute. Sec. 1017. Suspension of running of statute. The running of the statute of The running of the statute of The running of the statute of limitations provided in section 1016 limitations provided in section 1016 limitations provided in section 1016 on the making of assessments and on the making of assessments and on the making of assessments and the beginning of distraint or a pro- the beginning of distraint or a pro- the beginning of distraint or a proceeding in court for collection, in ceeding in court for collection, in ceeding in court for collection, in respect of any deficiency, shall respect of any deficiency, shall respect of any deficiency, shall (after the mailing of a notice un- (after the mailing of a notice un- (after the mailing of a notice under section 1012 (a)) be suspended der section 1012 (a)) be suspended der section 1012 (a)) be suspended for the period during which the for the period during which the for the period during which the Commissioner is prohibited from Commissioner is prohibited from Commissioner is prohibited from making the assessment or beginning making the assessment or beginning making the assessment or beginning distraint or a proceeding in court distraint or a proceeding in court distraint or a proceeding in court (and in any event, if a proceeding (and in any event, if a proceeding (and in any event, if a proceeding in respect of the deficiency is placed in respect of the deficiency is placed in respect of the deficiency is placed on the docket of the Board, until on the docket of the Board, until on the docket of the Board, until the decision of the Board becomes the decision of the Board becomes the decision of the Board becomes final), and for 60 days thereafter. final), and for 60 days thereafter. final), and for 60 days thereafter. |