SEC. 3775. CREDITS AFTER PERIODS OF LIMITATION. (a) PERIOD AGAINST UNITED STATES.-Any credit against a liability in respect of any taxable year shall be void if any payment in respect of such liability would be considered an overpayment under section 3770 (a) (2). (b) PERIOD AGAINST TAXPAYER.-A credit of an overpayment in respect of any tax shall be void if a refund of such overpayment would be considered erroneous under section 3774. SEC. 3776. REPORTS TO CONGRESS OF REFUNDS IN EXCESS OF $500. The Commissioner shall make report to Congress, at the beginning of each regular session, by internal revenue districts and alphabetically arranged, of all disbursements in excess of $500 under section 3770 (a) (1) *** SEC. 3778. CROSS REFERENCE. For remission of tax against insolvent banks, see section 3798. CHAPTER 38-MISCELLANEOUS PROVISIONS SEC. 3790. PROHIBITION OF ADMINISTRATIVE REVIEW OF COMMISSIONER'S DECISIONS. 1 In the absence of fraud or mistake in mathematical calculation, the findings of fact 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 ***, be subject to review by any other administrative or accounting officer, employee, or agent of the United States. In the absence of fraud or mistake in mathematical calculation, the allowance or nonallowance by the Commissioner of interest on any credit or refund under the internal revenue laws shall not, except as provided in * * *, be subject to review by any other administrative or accounting officer, employee, or agent of the United States. SEC. 3791. RULES AND REGULATIONS. (a) AUTHORIZATION. (1) IN GENERAL.-Except as provided in section 1928 (a), Cotton Futures, section 2599, Marihuana, section 2559, Narcotics, section 3176, Liquor, and section 1805, Silver, the Commissioner, with the approval of the Secretary, shall prescribe and publish all needful rules and regulations for the enforcement of this title. (2) IN CASE OF CHANGE IN LAW.-The Commissioner may make all such regulations, not otherwise provided for, as may have become necessary by reason of any alteration of law in relation to internal revenue. (b) RETROACTIVITY OF REGULATIONS OR RULINGS.-The Secretary, or the Commissioner with the approval of the Secretary, may prescribe the extent, if any, to which any ruling, regulation, or Treasury Decision, relating to the internal revenue laws, shall be applied without retroactive effect. SEC. 3792. EXPENSES OF DETECTION AND PUNISHMENT OF FRAUDS. The Commissioner, with the approval of the Secretary, is authorized to pay such sums, not exceeding in the aggregate the sum appropriated therefor, as he may deem necessary for detecting and bringing to trial and punishment persons guilty of violating the internal revenue laws, or conniving at the same, in cases where such expenses are not otherwise provided for by law. SEC. 3793. PENALTIES AND FORFEITURES. (a) FRAUDULENT BONDS, PERMITS, AND ENTRIES. (1) PENALTY. Every person who (A) SIMULATION OR EXECUTION.-Simulates or falsely or fraudulently executes or signs any bond, permit, entry, or 'The statute reads "facts." other document required by the provisions of the internal revenue laws, or by any regulation made in pursuance thereof, or (B) PROCURING EXECUTION.-Procures the same to be falsely or fraudulently executed, or (C) AIDING IN EXECUTION.-Advises, aids in, or connives at such execution thereof shall be imprisoned for a term not less than one year nor more than five years, and (2) FORFEITURE.-The property to which such false or fraudulent instrument relates shall be forfeited. (b) FRAUDULENT RETURNS, AFFIDAVITS, AND CLAIMS.(1) ASSISTANCE IN PREPARATION OR PRESENTATION.-Any person who willfully aids or assists in, or procures, counsels, or advises the preparation or presentation under, or in connection with any matter arising under, the internal revenue laws, of a false or fraudulent return, affidavit, claim, or document, shall (whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such return, affidavit, claim, or document) be guilty of a felony, and, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than five years, or both, together with the costs of prosecution. (2) PERSON DEFINED. The term "person", as used in this subsection, includes an officer or employee of a corporation or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs. (c) CROSS REFERENCES. (1) PENALTIES. For other penalties under this subtitle, see the following sections: Forcibly obstructing officers, 3601 (c); Forcibly rescuing property, 3601 (c); Failure to file return, 3612 (d) (1); False or fraudulent return, 3612 (d) (2); Nonpayment of tax, 3655 (b); Failure to surrender property subject to distraint, 3710 (b); Fraud in connection with closing agreements and compromises, 3762.1 (2) FORFEITURES. For other forfeitures under this subtitle, see the following: Sales or removals in fraud of internal revenue laws, section 3720 (a); Sales or removals with design to avoid payment of taxes, section 3720 (a). SEC. 3794. INTEREST ON DELINQUENT TAXES. accruing * * Notwithstanding any provision of law to the contrary, interest upon any internal revenue tax (including amounts assessed or collected as a part thereof) not paid when due, shall be at the rate of 6 per centum per annum. 1 The statute reads "3763." 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 corporation 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 Commissioner2, 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 rečeiving 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 depositor 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 1 U. S. C. 1-5 were enacted into positive law. 2 The words "of Internal Revenue" are omitted. |