SEC. 7486. REFUND, CREDIT, OR ABATEMENT OF AMOUNTS DISALLOWED. In cases where assessment or collection has not been stayed by the filing of a bond, then if the amount of the deficiency determined by the Tax Court is disallowed in whole or in part by the court of review, the amount so disallowed shall be credited or refunded to the taxpayer, without the making of claim therefor, or, if collection has not been made, shall be abated. SEC. 7487. CROSS REFERENCE. For authority of the Tax Court to fix fees for transcripts of records, see section 7474. Subchapter E-Miscellaneous Provisions Sec. 7491. Burden of proof of exemptions in case of marihuana offenses. Sec. 7492. Enforceability of cotton futures contracts. Sec. 7493. Immunity of witnesses in cases relating to cotton futures. SEC. 7491. BURDEN OF PROOF OF EXEMPTIONS IN CASE OF MARIHUANA OFFENSES. It shall not be necessary to negative any exemptions set forth in part II of subchapter A of chapter 39, relating to marihuana, in any complaint, information, indictment, or other writ or proceeding laid or brought with respect to part II of subchapter A of chapter 39 and the burden of proof of any such exemption shall be upon the defendant. In the absence of the production of evidence by the defendant that he has complied with the provisions of section 4753 relating to registration, or that he has complied with the provisions of section 4742 relating to order forms, he shall be presumed not to have complied with such provisions of such section, as the case may be. SEC. 7492. ENFORCEABILITY OF COTTON FUTURES CONTRACTS. No contract of sale of cotton for future delivery mentioned in section 4851 (a), which does not conform to the requirements of section 4853 and has not the necessary stamps affixed thereto as required by section 4871, shall be enforceable in any court of the United States by, or on behalf of, any party to such contract or his privies. SEC. 7493. IMMUNITY OF WITNESSES IN CASES RELATING TO COTTON FUTURES. 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 (relating to cotton futures) shall withhold his testimony because of complicity by him in any violation of subchapter D of chapter 39, or of any regulation made pursuant to such chapter, but any such person called by such officer who testifies in such case shall be exempt from prosecution for any offense to which his testimony relates. CHAPTER 77-MISCELLANEOUS PROVISIONS Sec. 7501. Liability for taxes withheld or collected. Sec. 7503. Time for performance of acts where last day falls on Sec. 7504. Fractional parts of a dollar. Sec. 7505. Sale of personal property purchased by the United Sec. 7506. Administration of real estate acquired by the United Sec. 7507. Exemption of insolvent banks from tax. Sec. 7508. Time for performing certain acts postponed by reason of war. Sec. 7509. Expenditures incurred by the Post Office Department. Sec. 7511. Exemption of consular officers and employees of foreign Sec. 7512. Separate accounting for certain collected taxes, etc. SEC. 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. SEC. 7502. TIMELY MAILING TREATED AS TIMELY FILING. (a) GENERAL RULE.-If any claim, statement, or other document (other than a return or other document required under authority of chapter 61), required to be filed 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 claim, statement, or other document is required to be filed, the date of the United States postmark stamped on the cover in which such claim, statement, or other document is mailed shall be deemed to be the date of delivery. This subsection shall apply only if the postmark date falls within the prescribed period or on or before the prescribed date for the filing of the claim, statement, or other document, determined with regard to any extension granted for such filing, and only if the claim, statement, or other document was, within the prescribed time, deposited in the mail in the United States in an envelope or other appropriate wrapper, postage prepaid, properly addressed to the agency, office, or officer with which the claim, statement, or other document is required to be filed. (b) STAMP MACHINE.-This section shall apply in the case of postmarks not made by the United States Post Office only if and to the extent provided by regulations prescribed by the Secretary or his delegate. (c) REGISTERED AND CERTIFIED MAIL. (1) REGISTERED MAIL.-If any such claim, statement, or other document is sent by United States registered mail, such registration shall be prima facie evidence that the claim, statement, or other document was delivered to the agency, office, or officer to which addressed, and the date of registration shall be deemed the postmark date. (2) CERTIFIED MAIL.-The Secretary or his delegate 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) EXCEPTION.-This section shall not apply with respect to the filing of a document in any court other than the Tax Court. SEC. 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 his delegate, 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. SEC. 7504. FRACTIONAL PARTS OF A DOLLAR. The Secretary or his delegate 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. SEC. 7505. SALE OF PERSONAL PROPERTY PURCHASED BY THE UNITED STATES. (a) SALE. Any personal property 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) may be sold by the Secretary or his delegate in accordance with such regulations as may be prescribed by the Secretary or his delegate. |