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Act of 1928.

"On wines containing not more than 14 per centum of absolute alcohol, 4 cents per wine gallon, the per centum of alcohol taxable under this section to be reckoned by volume and not by weight;

"On wines containing more than 14 per centum and not exceeding 21 per centum of absolute alcohol, 10 cents per wine gallon;

"On wines containing more than 21 per centum and not exceeding 24 per centum of absolute alcohol, 25 cents per wine gallon;".

(b) Such section is further amended by adding at the end thereof two new paragraphs to read as follows:

"Any such wines may, under such regulations as the Secretary may prescribe, be sold or removed tax free for the manufacture of vinegar, or for the production of dealcoholized wines containing less than one-half of 1 per centum of alcohol by volume.

"The taxes imposed by this section shall not apply to dealcoholized wines containing less than one-half of 1 per centum of alcohol by volume."

(c) Subsections (a) and (b) of this section shall take effect on the expiration of thirty days after the enactment of this Act.

SEC. 452. TAX ON GRAPE BRANDY
USED IN FORTIFYING.

(a) Section 612 of the Revenue Act of 1918 (imposing tax on grape brandy or wine spirits used for the fortification of wines) is amended by striking out "60 cents per proof gallon" and inserting in lieu thereof "10 cents per proof gallon" and by adding at the end of the first proviso a colon and the following: "Provided further, That when such wines are sold or removed for the manufacture of vinegar, or the production of dealcoholized wines containing less than one-half of 1 per centum of alcohol by volume, the tax on such grape brandy or wine spirits under this section, shall, un der such regulations as the Secretary may prescribe, be abated or refunded."

Act of 1926.

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(b) Subsection (a) of this section shall take effect on the expiration of thirty days after the enactment of this Act.

NOTE. Following is the language of the Revenue Act of 1918 above referred to:

[SEC. 612. That under such regulations and official supervision and upon the giving of such notices, entries, bonds, and other security as the Commissioner, with the approval of the Secretary, may prescribe, any producer of wines defined under the provisions of this title, may withdraw from any fruit distillery or special bonded warehouse grape brandy, or wine spirits, for the fortification of such wines on the premises where actually made: Provided, That there shall be levied and assessed against the producer of such wines a tax (in lieu of the internalrevenue tax now imposed thereon by law) of 60 cents per proof gallon of grape brandy or wine spirits whenever withdrawn and hereafter so used by him in the fortification of such wines during the preceding month, which assessment shall be paid by him within ten months from the date of notice thereof: Provided further, That nothing contained in this section shall be construed as exempting any wines, cordials, liqueurs, or similar compounds from the payment of any tax provided for in this title.]

SEC. 453. TAX ON CEREAL BEVERAGES.

Section 903 of the Revenue Act of 1926 is repealed, to take effect on the expiration of thirty days after the enactment of this Act.

TAX ON CEREAL BEVERAGES

SEC. 903. There shall be levied, assessed, collected, and paid upon all beverages derived wholly or in part from cereals or substitutes therefor, and containing less than one-half of 1 per centum of alcohol by volume, sold by the manufacturer, producer, or importer, a tax of one-tenth of 1 cent per gallon or fraction thereof.

SEC. 904. (a) Each manufacturer, producer, or importer of any of the beverages enumerated in section 903 shall make monthly returns under oath in duplicate and pay the taxes imposed in respect of such beverages by such section to the collector for the district in which is located the principal place of business. Such returns shall contain such information necessary for the assessment of the tax, and shall be made at such times and in such manner as the Commissioner, with the approval of the Secretary, may by regulations prescribe.

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"(h) (1) If a notice under subdivision (a) of section 274 in respect of a deficiency for the taxable year 1922, 1923, 1924, 1925, 1926, or 1927, has been mailed to a corporation, the suspension of the running of the statute of limitations, provided in subdivision (b) of section 277 and in subdivision (1) of section 283, shall apply in the case of corporations with which such corporation made a consolidated return for such taxable year.

"(2) If a notice under subdivision (a) of section 274 in respect of a deficiency for the taxable year 1921 or any previous taxable year has been mailed to a corporation, the suspension of the running of the statute of limitations provided in subdivision (b) of section 277 and in subdivision (1) of section 283, shall apply in the case of the corporations with which such corporation was affiliated, determined in accordance with the law applicable to the year in respect of which the deficiency is asserted."

(b) Subsection (a) of this section shall apply in all cases where the period of limitation has not expried prior to the enactment of this Act.

SEC. 502. EXTENSION OF TIME FOR PAYMENT OF DEFICIENCIES.

Section 274(k) of the Revenue Act of 1926 is amended by striking out "may grant an extension for the payment of such deficiency or any part thereof for a period not in excess of 18 months" and inserting in lieu thereof

Act of 1926.

(b) The tax shall, without assessment by the Commissioner or notice from the collector, be due and payable to the collector at the time so fixed for filing the return. If the tax is not paid when due, there shall be added as part of the tax interest at the rate of 1 per centum a month, from the time when the tax became due until paid.

NOTE.-See opposite section 141 of the Act of

1928.

NOTE.-See opposite section 272 (j) of the Act of

1928.

Act of 1928.

"may grant an extension for the payment of such deficiency or any part thereof for a period not in excess of 18 months, and, in exceptional cases, for a further period not in excess of 12 months."

SEC. 503. REQUEST FOR PROMPT ASSESSMENT.

Section 277(a) (4) of the Revenue Act of 1926 is amended to read as follows:

"(4) In the case of income received during the lifetime of a decedent, or by his estate during the period of administration, or by a corporation, the tax shall be assessed, and any proceeding in court without assessment for the collection of such tax shall be begun, within one year after written request therefor (filed after the return is made), by the executor, administrator, or other fiduciary representing the estate of such decedent, or by the corporation, but not after the expiration of the period prescribed for the assessment of the tax in paragraph (1), (2), or (3) of this subdivision. This paragraph shall not apply in the case of a corporation unless (A) such written request notifies the Commissioner that the corporation contemplates dissolution at or before the expiration of such year; and (B) the dissolution is in good faith begun before the expiration of such year; and (C) the dissolution is completed; nor shall it apply in the case of income of a corporation or of an estate during the period of administration unless the written request is filed after the enactment of the Revenue Act of 1928."

SEC. 504. SUSPENSION OF RUNNING OF STATUTE OF LIMITATIONS. (a) Section 277(b) of the Revenue Act of 1926 is amended to read as follows:

"(b) The running of the statute of limitations provided in this section or in section 278 on the making of assessments and the beginning of distraint or a proceeding in court for collection, in respect of any deficiency, shall (after the mailing of a notice under subdivision (a) of section 274) be suspended for the period during which the Commissioner is prohibited from making the assessment or beginning distraint or a proceeding in court (and in any event, if a proceeding

Act of 1926.

NOTE.-See opposite section 275 (b) of the Act of

1928.

NOTE. See opposite section 277 of the Act of 1928.

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in respect of the deficiency is placed on the docket of the Board, until the decision of the Board becomes final), and for 60 days thereafter."

(b) Subsection (a) of this section shall apply in all cases where the period of limitation has not expired prior to the enactment of this Act.

SEC. 505. SAME-TRANSFEREE CASES.

(a) Section 280 (d) of the Revenue Act of 1926 is amended to read as follows:

"(d) The running of the statute of limitations upon the assessment of the liability of a transferee or fiduciary shall, after the mailing of the notice under subdivision (a) of section 274 to the transferee or fiduciary, be suspended for the period during which the Commissioner is prohibited from making the assessment in respect of the liability of the transferee or fiduciary (and in any event, if a proceeding in respect of the liability is placed on the docket of the Board, until the decision of the Board becomes final), and for 60 days thereafter."

(b) Subsection (a) of this section shall apply in all cases where the period of limitation has not expired prior to the enactment of this Act.

SEC. 506. WAIVERS AFTER EXPIRATION OF PERIOD OF LIMITATION.

(a) Section 278 (c) and (d) of the Revenue Act of 1926 are amended to read as follows:

"(c) Where before the expiration of the time prescribed in section 277 for the assessment of the tax, both the Commissioner 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 so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.

"(d) Where the assessment of any income, excess-profits, or war-profits taxes imposed by this title or by prior Act of Congress has been made (whether before or after the enactment of this Act) within the period of limitation 'properly applicable thereto, such tax may be collected by distraint or by a proceeding in court (begun before or

NOTE.-See opposite section 311 (d) of the Act of

1928.

NOTE.-See opposite section 276 of the Act of

1928.

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