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 1936, AND EXCESS-PROFITS Section 1107, Revenue Act of 1932. Section 1107, Revenue Act of 1926. Date when Board's decision becomes final. Section 1005, Revenue Act of 1926. Expenditures and personnel_-_. Section 910, Revenue Act of 1924 as amended. Sections 908 and 909, Revenue Act of 1924 as amended. Collection of taxes-Continued. Checks in payment of taxes_. Section 109, Title 26, U. S. Code. Enforcement of liability for taxes collected_. Section 607, Revenue Act of 1934. Payment of and receipt for taxes_-. Section 1118, in part, Revenue Act of 1926. Receipts for payment-- Section 3183, Revised Statutes, as amended. Suits to restrain, barred__ 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_ 29 Section 1122, Revenue Act of 1926, amending section 24, in part, United States Judicial Code_____ 30 Deposit of United States bonds or notes in lieu of surety. 31 Section 1126, Revenue Act of 1926, as amended. Disclosure of income-tax returns prohibited___ 32 Section 1105, Revenue Act of 1926. Section 3167, Revised Statutes, as amended. Examination of books and witnesses_. Section 1104, Revenue Act of 1926, as amended. Transferees Section 507, Revenue Act of 1934. Unnecessary examinations____. Informers__ Section 514, Revenue Act of 1934. Interest: Delinquent taxes_. Judgments 33 34 35 36 39 Section 404, Revenue Act of 1935. 38 Section 177 (b), United States Judicial Code, as amended. Effect of expiration period of limitation against United States___‒‒‒ 44 Section 607, Revenue Act of 1928. Prosecutions for internal revenue offenses-. 45 Section 1108, Revenue Act of 1932. Section 3477, Revised Statutes. False claim‒‒‒‒ Section 35, Criminal Code of the United States, as amended. Refund or credit: Assignment of claim void before allowance__ Effect of expiration period of limitation against United States___ 49 51 Suit may not be brought unless claim is filed; limitation_. 53 Section 3447, Revised Statutes; U. S. Code, Title 26, section 1691(2). Reserve requirements of holding company affiliates of banks. 56 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 (474) 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. (b) The terms of office of all members who are to compose the Board prior to June 2, 1926, shall expire at the close of business on June 1, 1926. The terms of office of the sixteen members first taking office after such date shall expire, as designated by the President at the time of nomination, four at the end of the sixth year, four at the end of the eighth year, four at the end of the tenth year, and four at the end of the twelfth year, after June 2, 1926. The terms of office of all successors shall expire twelve years after the expiration of the terms for which their predecessors were appointed; but any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term of his predecessor. (Section 901, Revenue Act of 1924, as added by section 1000, Revenue Act of 1926.) PAR. 5. A member of the Board removed from office in accordance with subdivision (a) of section 901 shall not be permitted at any time to practice before the Board. (Section 902, Revenue Act of 1924, as added by section 1000, Revenue Act of 1926.) ORGANIZATION AND PROCEDURE PAR. 6. The Board shall at least biennially designate a member to act as chairThe Board shall have a seal which shall be judically noticed. (Section 903, Revenue Act of 1924, as added by section 1000, Revenue Act of 1926.) man. The Board and its divisions shall have such jurisdiction as is conferred on them by Title II and Title III of the Revenue Act of 1926 or by subsequent laws. The Board is authorized to impose a fee in an amount not in excess of $10 to be fixed by the Board for the filing of any petition for the redetermination of a deficiency after the enactment of the Revenue Act of 1926 and for the hearing of any proceeding pending at the time of such enactment. (Section 904, Revenue Act of 1924, as added by section 1000, Revenue Act of 1926.) A majority of the members of the Board or of any division thereof shall constitute a quorum for the transaction of the business of the Board or of the division, respectively. A vacancy in the Board or in any division thereof shall not impair the powers nor affect the duties of the Board or division nor of the remaining members of the Board or division, respectively. (Section 905, Revenue Act of 1924, as added by section 1000, Revenue Act of 1926.) PAR. 7. (a) The chairman may from time to time divide the Board into divisions of one or more members, assign the members of the Board thereto, and in case of a division of more than one member, designate the chief thereof. If a division, as a result of a vacancy or the absence or inability of a member assigned thereto to serve thereon, is composed of less than the number of members designated for the division, the chairman may assign other members to the division or direct the division to proceed with the transaction of business without awaiting any additional assignment of members thereto. A division shall hear, and make a determination upon, any proceeding instituted before the Board and any motion in connection therewith, assigned to such division by the chairman, and shall make a report of any such determination which constitutes its final disposition of the proceeding. (b) The report of the division shall become the report of the Board within 30 days after such report by the division, unless within such period the chairman has directed that such report shall be reviewed by the Board. Any preliminary action by a division which does not form the basis for the entry of |