SEC. 3797. DEFINITIONS. (a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof (1) PERSON. The term "person" shall be construed to mean and include an individual, a trust, estate, partnership, company, or corporation. (2) PARTNERSHIP AND PARTNER.-The term "partnership" includes a syndicate, group, pool, joint venture, or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not, within the meaning of this title, a trust or estate or a corporation; and the term "partner" includes a member in such a syndicate, group, pool, joint venture, or organization. (3) CORPORATION.-The term "corporation" includes associations, joint-stock companies, and insurance companies. [Section 169 (b) provides: "A common trust fund not be considered a corporation." * * * shall For definition of "common trust fund", see the note following section 1808 (g).] (4) DOMESTIC.-The term "domestic" when applied to a cor◄ poration or a partnership means created or organized in the United States or under the law of the United States or of any State or Territory. (5) FOREIGN.-The term "foreign" when applied to a corporation or partnership means a corporation or partnership which is not domestic. (6) FIDUCIARY.-The term "fiduciary" means a guardian, trustee, executor, administrator, receiver, conservator, or any person acting in any fiduciary capacity for any person. (7) STOCK.-The term "stock" includes the share in an association, joint-stock company, or insurance company. (9) UNITED STATES.-The term "United States" when used in a geographical sense includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia. (10) STATE. The word "State" shall be construed to include the Territories and the District of Columbia, where such construction is necessary to carry out provisions of this title. (11) SECRETARY.-The term "Secretary" means the Secretary of the Treasury. (12) COMMISSIONER.-The term "Commissioner" means the Commissioner of Internal Revenue. (13) COLLECTOR.-The term "collector" means collector of internal revenue. (14) TAXPAYER.-The term "taxpayer" means any person subject to a tax imposed by this title. (15) MILITARY OR NAVAL FORCES OF THE UNITED STATES.-The term "military or naval forces of the United States" includes the Marine Corps, the Coast Guard, the Army Nurse Corps, Female, the Women's Army Auxiliary Corps, the Navy Nurse Corps, Female, and the Women's Reserve branch of the Naval Reserve. (18) INTERNATIONAL ORGANIZATION.-The term "international organization" means a public international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act [59 Stat. 669; 22 U. S. C. 288-288f]. (b) INCLUDES AND INCLUDING.-The terms "includes" and "including" when used in a definition contained in this title shall not be deemed to exclude other things otherwise within the meaning of the term defined. (c) CROSS REFERENCES. For other definitions, see the following: Singular as including plural, R. S. 11 (U. S. C., Title 1, § 1). Oath as including affirmation, R. S. 1 (U. S. C., Title 1, § 1). County as including parish, R. S. 2 (U. S. C., Title 1, § 2). Vessel as including all means of water transportation, R. S. 3 (U. S. C., Title 1, § 3). Vehicle as including all means of land transportation, R. S. 4 (U. S. C., Title 1, § 4). SEC. 3798. 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 Commissioner 2, 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 depos itor claims and which are necessary for the full payment thereof. [Section 406 (b) of the Revenue Act of 1939 (53 Stat. 884) reads as follows: "The term 'agent' as used in 3798 (b) of the Internal Revenue Code shall be deemed to include a corporation acting as a liquidating agent."] 1 By the act of July 30, 1947 (61 Stat. 633), R. S. 1-5 were repealed, and I U. S. C. 1-5 were enacted into positive law. 2 The words "of Internal Revenue" are omitted. * * * (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) of this section, 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) of this section, 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 subchapter A or subchapter C of chapter 9. SEC. 3800. JURISDICTION OF DISTRICT COURTS TO ISSUE ORDERS, PROCESSES, AND JUDGMENTS. The district courts of the United States at the instance of the United States shall have such jurisdiction to make and issue, both in actions at law and suits in equity, writs and orders of injunction, and of ne exeat republica, orders appointing receivers, and such other orders and process, and to render such judgments and decrees, granting in proper cases both legal and equitable relief together, as may be necessary or appropriate for the enforcement of the internal revenue laws. The remedies hereby provided are in addition to and not exclusive of any and all other remedies of the United States in such courts or otherwise to enforce such laws. SEC. 3802. EXEMPTION OF CONSULAR OFFICERS AND EMPLOYEES OF FOREIGN STATES FROM PAYMENT OF INTERNAL REVENUE TAXES ON IMPORTED ARTICLES. (a) RULE OF EXEMPTION.-No internal revenue tax shall be imposed with respect to articles imported by a consular officer of a foreign state or by an employee of a consulate of a foreign state, whether such articles accompany the officer or employee to his post in the United States, its insular possessions, or the Panama Canal Zone, or are imported by him at any time during the exercise of his functions therein, if (1) such officer or employee is a national of the state appointing him and not engaged in any profession, business, or trade within the territory specified in subsection (a); (2) the articles are imported by the officer or employee for his personal or official use; and (3) the foreign state grants an equivalent exemption to corresponding officers or employees of the Government of the United States stationed in such foreign state. (b) CERTIFICATE BY SECRETARY OF STATE.-The Secretary of State shall certify to the Secretary of the Treasury the names of the foreign states which grant an equivalent exemption to the consular officers or employees of the Government of the United States stationed in such foreign states. [For exemption of baggage and effects of alien officers and employees of international organizations, see section 3 of the act of December 29, 1945 (59 Stat. 669; 22 U. S. C. 288b).] SEC. 3803. SEPARABILITY CLAUSE. If any provision of this title, or the application thereof to any person or circumstance, is held invalid, the remainder of the title, and the application of such provisions to other persons or circumstances, shall not be affected thereby. SEC. 3804. TIME FOR PERFORMING CERTAIN ACTS POSTPONED BY REASON OF WAR. (a) INDIVIDUALS. The period of time after December 6, 1941, during which an individual is continuously outside the Americas (if such period is longer than 90 days), and the next 90 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: (D) allowance of a credit or refund of any tax; (E) filing a claim for credit or refund of any tax; (F) bringing a 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 Commissioner or the collector, by distraint 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 Commissioner with the approval of the Secretary; (2) The amount of any credit or refund (including interest). (b) OTHER TAXPAYERS AND OTHER CIRCUMSTANCES.-In any case to which subsection (a) does not apply in which it is determined by the Commissioner, under regulations prescribed by him with the approval of the Secretary, that (1) By reason of an individual being outside the Americas, or (2) By reason of any locality (within or without the Americas) being an area of enemy action or being an area under the control of the enemy, as determined by the Commissioner, or (3) By reason of an individual in the military or naval forces of the United States being outside the States of the Union and the District of Columbia, it is impossible or impracticable to perform any one or more of the acts specified in subsection (a), then in determining, under the internal revenue laws, whether such act was performed within the time prescribed therefor, in respect of any tax liability (including any interest, penalty, additional amount, or addition to tax) affected by the failure to perform such act within such time, and in determining the amount of any credit or refund (including interest) affected by such failure, there shall be disregarded such period after December 6, 1941, as may be prescribed by such regulations. (c) LIMITATION ON TIME TO BE DISREGARDED.-The period of time disregarded under this section shall not extend beyond the date specified in clause (1) or clause (2) of this subsection, whichever is the earlier: (1) December 31, 1947, or such date later than December 31, 1947, as the Commissioner may fix in any case in which he makes a determination under subsection (b) if such determination is made after the date this subsection as amended takes effect and is based on the existence prior to January 1, 1948, of one or more of the circumstances specified in paragraph (1), (2), or (3), of subsection (b); or [Subsection (c), as amended, took effect August 8, 1947.] (2) in the case of an individual with respect to whom a period of time is disregarded under this section, the 15th day of the third month following the month in which an executor, administrator, or a conservator of the estate of such individual qualifies. (d) EXCEPTIONS. * * * * * (1) TAX IN JEOPARDY *.-Notwithstanding the provisions of subsection (a) or (b), any action or proceeding authorized by section 3660, as well as any other action or proceeding authorized by law in connection therewith, may be taken, begun, or prosecuted. In any other case in which the Commissioner determines that collection of the amount of any assessment would be jeopardized by delay, the provisions of subsections (a) and (b) shall not operate to stay collection of such amount by distraint or otherwise as authorized by law. There shall be excluded from any amount assessed or collected pursuant to this paragraph the amount of interest, penalty, additional amount, and addition to the tax, if any, in respect of the period disregarded under subsection (a) or (b). In any case to which this paragraph relates, if the Commissioner or collector is required to give any notice to or make any demand upon any person, such requirement shall be deemed to be satisfied if the notice or 85186-49- 26 |