Reserve bank or branch with which the officer himself makes deposits hereunder, for credit in the name of the officer for whom the deputy acts, unless otherwise directed by the Secretary of the Treasury on requests of depositing officers in specific cases, or, if there is a Federal Reserve bank or branch in the same city with the office of the deputy, with such Federal Reserve bank or branch in like manner.** 202.10 Classification of items for deposit. Items forwarded to the Federal Reserve bank or branch for deposit and collection in accordance herewith should first be sorted into two principal groups as follows: (a) Items drawn on banks and trust companies located in the same city with the Federal Reserve bank or branch with which the deposit is made, and (b) Items drawn on banks and trust companies located outside of the city in which is located the Federal Reserve bank or branch with which the deposit is made. Collectors of internal revenue will make further classification of checks forwarded by them for deposit in accordance with § 202.14. The several groups shall each be accompanied by a separate letter of transmittal describing the items or draft certificate of deposit (to consist of a full set in proper form, to be dated by depositor as of the date sent and dated and signed by the Federal Reserve bank as of the date credited in the Treasurer's account), and such letter of transmittal or draft certificate of deposit must, in all cases, specify the account or purpose for which the deposit is received. (See special instructions below to collectors of internal revenue, collectors of customs, and other depositors of public moneys, §§ 202.14, 202.17, 202.20, respectively.)*+ 202.11 Indorsement and transmission of checks for collection. The depositor should stamp on the face of each check deposited the words: "This check is in payment of an obligation to the United States and must be paid at par. N.P.", followed by the transit number of the Federal Reserve bank or branch in which the checks are deposited and his name and title. The Federal Reserve bank will make an effort to collect every check on these terms. If the bank on which a check is drawn for any reason does not pay it at par, it will be returned to the depositor in the same manner as a bad check. A check is not paid by the bank on which it is drawn until the proceeds thereof have been received in actually and finally collected funds All checks forwarded by depositors to Federal Reserve banks should be indorsed: Pay to the order of the Federal Reserve Bank of in which Federal Reserve Bank, not branch, is located) for credit to the Treasurer of the United States, (Date) (Insert name of city (Signature or stamp of depositor) (See special instructions to collectors of internal revenue, § 202.15.) The checks must in all cases be forwarded by registered mail. Inasmuch as the indorsement is specific it is not necessary that checks be *For statutory citation, see note to § 202.0. Page 11 insured. Depositors must, however, retain a record of the checks forwarded, so that if any check is lost payment may be stopped immediately and a duplicate secured. Necessary expenses for postage and registration charges should be borne by such appropriation as may be available and must not in any event be deducted from the amount of the deposit. (See special instructions to collectors of internal revenue, collectors of customs, and other depositors of public moneys, below.) If the depositor has no appropriation available to pay such charges, he should make prompt report to the Secretary of the Treasury, Division of Deposits, and request instructions. When transmitting checks to a Federal Reserve bank, the depositor should request such bank to execute certificates of deposit on the appropriate form and dispose of the certificates in the set in accordance with instructions which appear thereon.** 202.12 Uncollected and lost checks. In the event that any check for which a certificate of deposit has been issued is not paid for any reason by the bank on which it is drawn, such check, if recovered by the Federal Reserve bank, will be immediately returned to the depositor, who shall immediately give receipt therefor on the reverse of Form 5504, showing the date, number, and amount of each certificate of deposit in which the amount of the unpaid check (or checks) was included, and the class of the deposit, as "Income Taxes", or "Miscellaneous Internal Revenue", etc. In case the unpaid check is not recovered by the Federal Reserve bank, the said bank shall immediately notify the depositor who shall, nevertheless, upon request of the Federal Reserve bank, give receipt on Form 5504 as above, making a notation of the circumstances on the reverse of the form and indicating the reason why the check itself was not returned. The depositor will in either case adjust his accounts accordingly and proceed to collect the amount involved in the item as if no check had been received. In case of failure for any reason to collect checks forwarded for collection by the Treasurer of the United States, such checks if recovered by the Federal Reserve bank should be returned to the Cashier, Office of the Treasurer of the United States, with duplicate debit voucher on Form 5315, and the original Form 5315 transmitted with the transcript in support of the charge for such returned items in all cases where the Treasurer's account already has been credited therewith. In case the unpaid check or checks are not recovered by the Federal Reserve banks, a notation of the circumstances should be made on the reverse of Form 5315. In the event that any check for which a certificate of deposit has been given is reported lost after deposit, the Federal Reserve bank will notify the depositor, who will request the drawer to stop payment thereon and forward a duplicate check. The depositor will give to the Federal Reserve bank a statement on the reverse side of Form 5504 appropriately changed for the purpose, showing the date, number, and amount of each certificate of deposit in which the amount of the lost check (or checks) was included, the class of the deposit, and other information required on the form. The depositor will then adjust his accounts accordingly, and if a duplicate check is not received in due course, he will proceed to make collection as if no check had been received. When the drawer Page 12 *For statutory citation, see note to § 202.0. makes payment for either a bad check or lost check, the depositor will treat it in his accounts as new business and make deposit of the amount with the Federal Reserve bank in the usual manner.*† 202.13 Collectors of internal revenue; deposit of checks with Federal Reserve banks and branches. All checks, whether certified or uncertified, and whether or not drawn on banks or trust companies located in the same city with the collector, received by collectors of internal revenue (hereinafter in this title called collectors) and their deputies in payment of internal revenue, including income taxes, shall be forwarded for deposit each day by collectors, unless otherwise specifically instructed by the Secretary of the Treasury, to the Federal Reserve bank of the district in which the collector's head office is located (or, in case the head office is located in the same city with a branch Federal Reserve bank, to such branch Federal Reserve bank) in accordance with § 202.9. Specific instructions may be given by the Secretary of the Treasury in certain instances for the deposit of checks with Federal Reserve banks of other districts or branch Federal Reserve banks. Collectors will make the necessary arrangements for deposits by their deputies in accordance with the provisions of this section and of § 202.9.*† 202.14 Collectors of internal revenue; classification of checks for deposits. Checks forwarded to the Federal Reserve bank in accordance herewith may be inclosed under one outer wrapper, but must be separated into the following classes in addition to the groups specified in § 202.10: (a) Checks received exclusively in payment of income taxes, inclosed in a separate package containing an inner wrapper or label plainly marked "Income Tax Checks only." (b) All other checks received (in whole or in part) in payment of other internal revenue, inclosed in a separate package containing an inner wrapper or label plainly marked "Miscellaneous Internal Revenue Collections." Collectors of internal revenue should arrange each class of checks so forwarded into groups pursuant to § 202.10. Each such group of checks must be accompanied by a draft certificate of deposit (original, duplicate, and triplicate, in proper form, to be dated by the depositor as of the date sent and dated and signed by the Federal Reserve bank, as of the date credited in the Treasurer's account), and such draft certificate of deposit must, in all cases, specify the amount of the deposit representing "Income Taxes" separate and distinct from the amount representing "Miscellaneous Internal Revenue Collections."** 202.15 Collectors of internal revenue; indorsement and transmission of checks for collection. The collector should stamp, indorse, and transmit such checks in accordance with § 202.11, adding to the indorsement, the notation "Income Taxes" or "Miscellaneous Internal Revenue Collections," as the case may be. Collectors are authorized by the Commissioner of Internal Revenue to incur any necessary expense for postage and registration charges from the appropriation "Collecting the Internal Revenue." When transmitting the checks to the Federal Reserve bank, the collector should request *For statutory citation, see note to § 202.0. Page 13 the Federal Reserve bank to execute certificates of deposit on Form 15 in his name, and to send the duplicate and triplicate of the certificates of deposit to his office, for disposition in accordance with the instructions which appear on the margin of the certificate.** 202.16 Collectors of internal revenue; uncollected and lost checks. In the event that any check is unpaid for any reason, or reported lost after deposit, the collector will proceed in accordance with § 202.12. If any taxpayer should fail to make good any such check after demand, the collector should proceed to collect the taxes by the usual methods, as though no check had been received.** 202.17 Collectors of customs; deposit of checks with Federal Reserve banks and branches. All checks, whether certified or uncertified, and whether or not drawn on banks and trust companies located in the same city with the collector, received by collectors of customs (hereinafter in this title called collectors), shall be forwarded for deposit each day by collectors, unless otherwise specifically instructed by the Secretary of the Treasury, to the Federal Reserve bank of the district in which the collector's head office is located (or, in case the head office is located in the same city with a branch Federal Reserve bank, to such branch Federal Reserve bank) in accordance with § 202.9. Specific instructions may be given by the Secretary of the Treasury in certain instances for the deposit of checks with Federal Reserve banks of other districts or branch Federal Reserve banks. Collectors will make the necessary arrangements for deposits by their deputies in accordance with the provisions of this section and of § 202.9. Checks forwarded to the Federal Reserve bank in accordance herewith should be arranged in groups as required by § 202.10 and each such group of checks must be accompanied by a draft certificate of deposit (to consist of a full set, in proper form, to be dated by the collector as of the date sent and dated and signed by the Federal Reserve bank as of the date credited in the Treasurer's account). Form 4 should be used for deposit of customs duties and tonnage tax, including Philippine Islands tariff fund. Form 5 should be used for other deposits by collectors not subject to their official checks. The reverse of the original of Form 5 must be filled in as to account titles to which the deposits are to be credited.** 202.18 Collectors of customs; indorsement and transmission of checks for collection. The collector should stamp, indorse, and transmit all checks in accordance with § 202.11. Collectors are authorized to incur any necessary expense for postage and registration charges from the appropriation "Collecting the Revenue from Customs." When transmitting the checks to the Federal Reserve bank, the collector should request the Federal Reserve bank to execute certificate of deposit and to make disposition of the certificates in the set in accordance with the instructions thereon.** 202.19 Collectors of customs; uncollected and lost checks. In the event that any check is unpaid for any reason, or is reported lost after deposit, the collector will proceed in accordance with § 202.12.*† 202.20 Other depositors of public moneys; applicable sections. All checks received by other depositors of public moneys will be Page 14 *For statutory citation, see note to § 202.0. stamped, indorsed, transmitted, and deposited with Federal Reserve banks and their branches in accordance with the provisions of §§ 202.8-202.12.** 202.21 Officials of United States courts; instructions. The following instructions are issued for special attention of officials of United States courts: (a) Deposits with the Treasurer of the United States. Public moneys accruing to the United States from fines, penalties, forfeitures, fees, forfeitures of recognizances or bail bonds given in criminal or Chinese exclusion cases, debts due the United States, including interest thereon, costs in civil and criminal cases, sales of public property, unclaimed wages and effects of seamen that have remained in the registries of courts more than 6 years, unclaimed moneys remaining in registries of courts 5 years or longer, or from any other sources, except as stated below or otherwise specifically provided by law, shall be deposited promptly with the Treasurer of the United States in accordance with §§ 202.4, 202.8-202.12, with full information as to the source of the receipt in each case, including title of suit and the appropriate receipt title and symbol number as provided by paragraph 1385 of the Attorney General's instructions to United States attorneys, marshals, clerks, and commissioners, dated October 1, 1929. Deposits to the credit of appropriations should be made with the Treasurer of the United States under appropriation symbol numbers and titles, with proper fiscal-year designations. (b) Deposits with collectors of internal revenue. Moneys collected for violations of internal revenue laws, including costs, shall be paid to the collector of internal revenue for the district in which the case arose. (See sec. 145, 48 Stat. 724; 26 U.S.C. 145.) Cases arising under the so-called Anti-Narcotic Act (38 Stat. 785; 26 U.S.C. 1040 et seq.) are regarded as internal revenue cases. Actions on forfeited recognizances or bail bonds in internal revenue cases, or which are brought under section 240 of the Criminal Code (35 Stat. 1137; 18 U.S.C. 390), or for violation of the National Prohibition Act (41 Stat. 305; 27 U.S.C. Chapters 1-3), except possibly a few cases under section 35 thereof, are classed as general civil suits, and collections thereunder should be deposited with the Treasurer of the United States. (c) Deposits with collectors of customs. Moneys collected for violation of the following laws, including costs, should be paid to the collector of customs for the district or port in which the case arose, and his receipt therefor on Form 14 should be sent promptly to the Attorney General: (1) customs; (2) navigation, including regulation of motor-boat equipment and steamboat inspection; (3) smuggling opium; (4) immigration and Chinese exclusion laws; (5) failure to produce consular bills of health, or related cases under the public health laws. (d) Deposits with fiscal agents of the Forest Service. Moneys collected as damages on account of trespassing on the national forests shall be paid to the fiscal agent of the Forest Service for the district in which the case arose. Receipts for such moneys should be sent promptly to the Attorney General on Form 15. The fines and costs *For statutory citation, see note to § 202.0. Page 15 |