SEC. 3773. INTEREST ON JUDGMENTS.

For interest on judgments, see section 177 of the Judicial Code as amended by act of May 29, 1928, c. 852, § 615, 45 Stat. 877 (U. S. C., Title 28, § 284).

SEC. 3774. REFUNDS AFTER PERIODS OF LIMITATION.

A refund of any portion of an internal revenue tax (or any interest, penalty, additional amount, or addition to such tax) shall be considered erroneous

(a) EXPIRATION OF PERIOD FOR FILING CLAIM.-If made after the expiration of the period of limitation for filing claim therefor, unless within such period claim was filed; or

(b) DISALLOWANCE OF CLAIM AND EXPIRATION OF PERIOD FOR FILING SUIT-In the case of a claim filed within the proper time and disallowed by the Commissioner if the refund was made after the expiration of the period of limitation for filing suit, unless

(1) within such period suit was begun by the taxpayer, or

(2) within such period, the taxpayer and the Commissioner agreed in writing to suspend the running of the statute of limitations for filing suit from the date of the agreement to the date of final decision in one or more named cases then pending before the Board of Tax Appeals or the courts. If such agreement has been entered into, the running of such statute of limitations shall be suspended in accordance with the terms of the agreement. (c) CROSS REFERENCE.

For procedure by the United States to recover erroneous refunds, see section 3746.

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) and (b).

SEC. 3777. REPORTS OF REFUNDS AND CREDITS IN EXCESS OF $75,000. (a) BY COMMISSIONER TO JOINT COMMITTEE.-No refund or credit of any income, war-profits, excess-profits, estate, or gift tax in excess of $75,000 shall be made until after the expiration of thirty days from the date upon which a report giving the name of the person to whom the refund or credit is to be made, the amount of such refund or credit, and a summary of the facts and the decision of the Commissioner is submitted to the Joint Committee on Internal Revenue Taxation.

(b) BY JOINT COMMITTEE TO CONGRESS.-A report to Congress shall be made annually by such committee of such refunds and credits, including the names of all persons and corporations to whom amounts are credited or payments are made, together with the amounts credited or paid to each.

SEC. 3778. CROSS REFERENCE.

For remission of tax against insolvent banks, see section 3798.

TABLE OF CONTENTS

CHAPTER 38-MISCELLANEOUS PROVISIONS

Sec. 3790. Prohibition of administrative review of Commissioner's decisions. Sec. 3791. Rules and regulations.

Sec. 3792. Expenses of detection and punishment of frauds.

Sec. 3793. Penalties and forfeitures.

Sec. 3794. Interest on delinquent taxes.

Sec. 3795. Administration of real estate acquired by the United States.
Sec. 3796. Purchase of stationery.

Sec. 3797. Definitions.

Sec. 3798. Exemption of insolvent banks from tax.

Sec. 3799. Income from obligations and mortgages issued by Joint-Stock Land Banks.

Sec. 3800. Jurisdiction of district courts to issue orders, processes, and judgments.

Sec. 3801. Mitigation of effect of limitation and other provisions in income tax

cases.

Sec. 3802. Separability clause.

CHAPTER 38-MISCELLANEOUS PROVISIONS

SEC. 3790. PROHIBITION OF ADMINISTRATIVE REVIEW OF COMMISSIONER'S DECISIONS.

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 chapter 5, 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 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:
Refusal to permit entry or examination, 3601 (b);

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, 3763.

(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.

Notwithstanding any provision of law to the contrary, interest accruing during any period of time after August 30, 1935, 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.

SEC. 3795. ADMINISTRATION OF REAL ESTATE ACQUIRED BY THE UNITED STATES.

(a) PERSON CHARGED WITH.-The Commissioner shall have charge of all real estate which is or shall become the property of the United States by judgment of forfeiture under the internal revenue laws, or which has been or shall be assigned, set off, or conveyed by purchase or otherwise to the United States in payment of debts or penalties arising under the laws relating to internal revenue, or which has been or shall be vested in the United States by mortgage or other

security for the payment of such debts, and of all trusts created for the use of the United States in payment of such debts due them.

(b) SALE.-The Commissioner, with the approval of the Secretary, may, at public vendue, and upon not less than twenty days' notice, sell and dispose of all real estate owned or held by the United States as aforesaid.

(c) LEASE.-Until such sale the Commissioner, with the approval of the Secretary, may lease such real estate owned as aforesaid on such terms and for such period as they shall deem expedient.

(d) RELEASE TO DEBTOR.-In cases where real estate has or may become the property of the United States by conveyance or otherwise, in payment of or as security for a debt arising under the laws relating to internal revenue, and such debt shall have been paid, together with the interest thereon, at the rate of 1 per centum per month, to the United States, within two years from the date of the acquisition of such real estate, it shall be lawful for the Commissioner, with the approval of the Secretary, to release by deed, or otherwise convey such real estate to the debtor from whom it was taken, or to his heirs or other legal representatives.

SEC. 3796. PURCHASE OF STATIONERY.

The purchase of stationery for the internal revenue service shall be made under the direction of the Secretary as in the case of other branches of the public service under the Treasury Department. 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.

(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.

(8) SHAREHOLDER.-The term "shareholder" includes a member 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) COMMSSIONER.-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, and the Navy Nurse Corps, Female.

(16) WITHHOLDING AGENT.-The term "withholding agent" means any person required to deduct and withhold any tax under the provisions of section 143 or 144.

(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. 1 (U. S. C., Title 1, § 1).
Plural as including singular, R. S. 1 (U. S. C., Title 1, § 1).
Masculine as including feminine, R. S. 1 (U. S. C., Title 1, § 1).
Officer, R. S. 1 (U. S. C., Title 1, § 1).

Oath as including affirmation, R. S. 1 (U. S. C., Title 1, § 1).

Company or association as including successors and assigns, R. S. 5 (U. S. C., Title 1, § 5).

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) 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 of Internal Revenue, 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) 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 depositor claims and which are necessary for the full payment thereof.

(c) Any such tax so 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, but tax so abated or refunded after May 28, 1938 shall be reassessed whenever it shall appear that payment of the tax will not diminish the assets as aforesaid. The running of the statute of limitations on the making of assessment and collection shall be suspended during, and for ninety days beyond, the period for which, pursuant to this