APPENDIX CERTAIN GENERAL PROVISIONS OF LAW AND REGULATIONS APPLICABLE TO THE TAX IMPOSED ON NET INCOME BY TITLES I AND IA OF THE REVENUE ACT OF 1934 AND EXCESSPROFITS TAX REGULATIONS UNDER THE SAME ACT CONTENTS Adjustments of carriers' tax liabilities to conform to recapture payments___ Section 1107, Revenue Act of 1932. Administrative review___. Section 1107, Revenue Act of 1926. Board of Tax Appeals: Date when Board's decision becomes final_. Section 1005, Revenue Act of 1926. Expenditures and personnel__ Section 910, Revenue Act of 1924 as amended. Frivolous appeals Section 911, Revenue Act of 1924 as amended. Membership-- Sections 900, 901, 902, Revenue Act of 1924 as amended. Paragraph number 1 2 Organization and procedure---. Sections 903, 904, 905, 906, 907, Revenue Act of 1924 as amended. 16 10 11 3, 4, 5 6, 7, 8 13 Review of Board's decision by courts____ Section 1001, Revenue Act of 1926, as amended. Transferee proceedings Burden of proof_- 12 Sections 1002, 1003, 1004, Revenue Act of 1926, as amended. Witnesses__. 9 Sections 908 and 909, Revenue Act of 1924 as amended. Closing agreements. 17, 18 Section 606, Revenue Act of 1928. Article 1301, Regulations 74. Collection of taxes: Acceptance of Treasury certificates and Treasury notes Article 1391, Regulations 69, as amended. Article 1392, in part, Regulations 69, as amended_ Collection of taxes-Continued. Enforcement of liability for taxes collected___ Section 1118, in part, Revenue Act of 1926. Section 3183, Revised Statutes, as amended. Section 3224, Revised Statutes. Uncertified checks.. Article 1393, Regulations 69. Compromises: Civil and criminal cases_. Section 3229, Revised Statutes. Concealment of assets_ Section 616, Revenue Act of 1928. Courts-Jurisdiction: Section 617, Revenue Act of 1928_. Paragraph number Section 1122, Revenue Act of 1926, amending section 24, in part, United States Judicial Code_--- Deposit of United States bonds or notes in lieu of surety. Section 1126, Revenue Act of 1926. Disclosure of income-tax returns prohibited- Section 3167, Revised Statutes, as amended. Examination of books and witnesses- Section 1104, Revenue Act of 1926, as amended. Section 615, Revenue Act of 1928, amending section 177, United Overpayments Section 614, Revenue Act of 1928. Liens for taxes_ Section 3186, Revised Statutes, as amended. Priority of debts due United States Section 3466, Revised Statutes__ Section 3467, Revised Statutes, as amended___ 37 39 40 41 Limitation: Effect of expiration period of limitation against taxpayer_ 42 Section 608, Revenue Act of 1928, as amended. Effect of expiration period of limitation against United States--- 43 Section 35, Criminal Code of the United States, as amended. Refund or credit: Assignment of claim void before allowance__. Section 3477, Revised Statutes. Effect of expiration period of limitation against United States---- Section 607, Revenue Act of 1928. Erroneous credits____. Section 609, Revenue Act of 1928. Recovery of amounts erroneously refunded___. Section 610, Revenue Act of 1928, as amended. Suit may not be brought unless claim is filed; limitation_. Regulations: Paragraph number 47 49 48 50 51 Retroactive regulations. 52 Section 1108, Revenue Act of 1926, as amended. When law is changed---. 53 Section 3447, Revised Statutes; U. S. Code, Title 26, section ADJUSTMENTS OF CARRIERS' TAX LIABILITIES TO CONFORM TO RECAPTURE PAYMENTS PARAGRAPH 1. The Interstate Commerce Commission shall, as soon as practicable after its order with respect to the amount recoverable from any carrier under the provisions of section 15a of the Interstate Commerce Act, as amended, for any year or portion thereof has become final, and such amount, if any, has been paid, certify to the Commissioner of Internal Revenue the amount so paid. If the amount so paid by such carrier differs from the amount allowed as so recoverable in computing the income or excess profits tax liabilities for any taxable period of such carrier, or of any corporation whose income or excess profits tax liability is affected, the Commissioner of Internal Revenue shall determine any deficiency or overpayment attributable to such difference. Notwithstanding any other provision of law, (1) any such deficiency may be assessed within two years from the date of such certification, and, if so assessed, shall be paid upon notice and demand from the collector, and (2) any such overpayment may be credited or refunded within two years from the date of such certification, but not after unless, before the expiration of such period, a claim therefor is filed. This section shall not be held to affect the provisions of section 1106 (b) of the Revenue Act of 1926 or 606 of the Revenue Act of 1928. (Section 1107, Revenue Act of 1932.) ADMINISTRATIVE REVIEW PAR. 2. In the absence of fraud or mistake in mathematical calculation, the findings of facts in and the decision of the Commissioner upon (or in case the Secretary is authorized to approve the same, then after such approval) the merits of any claim presented under or authorized by the internal-revenue laws shall not, except as provided in Title IX of the Revenue Act of 1924, as amended, be subject to review by any other administrative or accounting officer, employee, or agent of the United States. (Section 1107, Revenue Act of 1926.) BOARD OF TAX APPEALS MEMBERSHIP PAR. 3. The Board of Tax Appeals (hereinafter referred to as the "Board") is hereby continued as an independent agency in the Executive Branch of the Government. The Board shall be composed of 16 members; except that such limitation shall not be held applicable to any member holding office under an appointment made before the enactment of the Revenue Act of 1926, in accordance with the law in force prior to the enactment of such Act. (Section 900, Revenue Act of 1924, as added by section 1000, Revenue Act of 1926.) PAR. 4. (a) Members of the Board shall be appointed by the President, by and with the advice and consent of the Senate, solely on the grounds of fitness to perform the duties of the office. Members of the Board may be removed by the President, after notice and opportunity for public hearing, for inefficiency, neglect of duty, or malfeasance in office, but for no other cause. Each member shall receive salary at the rate of $10,000 per annum. |