Evening star. [volume] (Washington, D.C.) 1854-1972, 1939-07-20

stayed, At the time at which, but for
this section, such amount would be
due.
Period Of Limitation.
SECTION 80 10 GENERAL
RULE-Except as provided in para
graph Cd Of this section
~ the amount Of income taxes
imposed by this title shall be as
sessed within two years after the
return is filed, and no proceeding
In court without assessment for the
collection of such taxes shall be
begun after the expiration of such
period.
(2) in the case Of income received
during the hftime Of . decedent, or
by his estate during the period OF
administration, or BY q corporation,
the tax shall be assessed. and any
proceeding in court without assess
ment for the collection Of such tax
shall be begun. within twelve months
after written request therefor filled
after the return is made by the
executor, administrator, or other
fiduciary representing the estate Of
such decedent, or by the corpora
ton. but not after the expiration
Of two years after the return is
filed. This subparagraph shall not
apply in the case of a corporation
unless
fa) such written request notifies
the assessor that the corporation
contemplates dissolution at or be-
fore the expiration of such twelve
month period; and
fb) the dissolution is in good faith
begun before the expiration of such
twelve month period: and
(c) the dissolution is completed.
~ If the taxpayer omits from
gross income an amount properly
includible therein which is In excess
of Is per centum of the amount of
gross income stated in the return
the tax may be assessed, or 4 pro-
ceeding in court for the collection
Of such tax may be begun without
assessment, at any time within five
years after the return was filed.
~ For the purposes of subpara-
graphs %, (2), and 80, return
filed before the last day prescribed
by law for the filing thereof shall
be considered as filed on such last
day.
(b) FALSE RETURN-In the case
of false or fraudulent return with
intent to evade tax or of q failure
to file a return, the tax may be as
sessed. or a proceeding in court for
the collection of such tax may be
begun without assessment, 1T any
time.
tcj WAIVER-Where before the
expiration of the time prescribed in
paragraph Ia for the assessment of
the tax. both the assessor and the
taxpayer have consented in writing
to its assessment after such time.
the tax may be assessed at any time
prior to the expiration of the period
agreed upon. The period 50 agreed
upon may be extended by subsequent
agreements in writing made before
the expiration Of the period pre-
viously agreed upon.
~ COLLECTION AFTER AS
SESSMENT-Where the assessment
of any income tax imposed by this
title has been made within the pc
Rod Of limitation properly applicable
thereto. such tax may be collected
by distraint or by a proceeding in
court, but only If begun ca within
three years after the assessment of
the tax or (B) prior to the expira-
ton of any period for collection
agreed upon in writing by the as
SCISSOR and the taxpayer before the
expiration of such three-year period
The period so agreed upon may be
extended by subsequent agreements
in writing made before the expira'
ton of the period previously agreed
upon.
Refunds.
SECTION 34-Except as other
wise provided in section 81 of this
title. where there has been an over
payment Of any tax imposd by this
title. the amount of such overpay-
ment shall be refunded to the tax
payer. No such refund shall be
allowed after two years from the
time the tax is paid unless before the
expiration of such period a claim
therefor is filed by the taxpayer.
The amount of the refund shall not
exceed the portion of the tax paid
during the two years Immediately
preceding the filing of the claim, or.
if no claim was filed. then during
the two years Immediately preceding
the allowance of the refund Every
claim for refund must be in writing.
under oath; must state the specific
grounds upon which the claim is
founded, and must be filed with the
assessor. If the assessor disallows
any part of claim for refund, he
shall send to the taxpayer by regis
tered mail notice of the part OF the
claim so disallowed Within ninety
days after the mailing of such notice.
the taxpayer may file an appeal with
the Board Of Tax Appeals for the
District of Columbia, in the same
manner and to the same extent as set
forth in sections 3. 4, 7, 8. 9, 10, / and
II of title TX of an Act to amend
the District of Columbia Revenue
Act of 1887. and for other purposes,
approved May Is, 1898. The remedy
provided to the taxpayer under this
section shall not be deemed to take
away from the taxpayer any remedy
which he might have under any
other provision of law. but no suit
by the taxpayer for the recovery Of
any part of such tax shall be insti-
tuted in any court if the taxpayer
has elected to file an appeal in &C.
cordance with this section.
Closing Agreements.
SECTION 35-The assessor is au-
thorized to enter into an agreement
with any person relating to the
liability Of such person Tor Of the
person or estate for whom he acts
in respect of any income tax for any
period ending prior to the date of
the agreement. If such agreement
IS approved by the Commissioners
within such time as may be stated in
such agreement, or later agreed to.