Act of 1924. Act of 1921. Act of 1918. judgment of any court rendered any court rendered after the after the passage of the Rev- passage of the Revenue Act of enue Act of 1921 against the 1921 against the United States United States for any internal- for any internal-revenue tax errevenue tax erroneously or il- roneously or illegally assessed or legally assessed or collected, or collected, or for any penalty colfor any penalty collected with- lected without authority or any out authority or any sum which sum which was excessive or in was excessive or in any manner any manner wrongfully collectwrongfully collected, under the ed, under the internal-revenue internal-revenue laws." laws.' PAYMENT OF AND RECEIPTS FOR PAYMENT OF TAXES BY CHECK OR TAXES. SEC. 1021. (a) Collectors may receive, at par with an adjustment for accrued interest, notes or certificates of indebtedness issued by the United States and uncertified checks in payment of income, war-profits, and excessprofits taxes and any other taxes payable other than by stamp, during such time and under such rules and regulations as the Commissioner, with the approval of the Secretary, shall prescribe; but if a check so received is not paid by the bank on which it is drawn the person by whom such check has been tendered shall remain liable for the payment of the tax and for all legal penalties and additions to the same extent as if such check had not been tendered. SEC. 1021. (b) Every collector to whom any payment of any income tax is made shall upon request give to the person making such payment a full written or printed receipt, stating the amount paid and the particular account for which such payment was made; and whenever any debtor pays taxes on account of payments made or to be made by him to separate creditors the collector shall, if requested by such debtor, give a separate receipt for the tax paid on account of each creditor in such form that the debtor can conveniently produce such receipts separately to his several credit UNITED STATES SECURITIES. SEC. 1325. That collectors may SEC. 1314. That collectors may receive, at par with an adjust- receive, at par with an adjustment for accrued interest, notes ment for accrued interest, certifor certificates of indebtedness icates of indebtedness issued by issued by the United States and the United States and uncertiuncertified checks in payment of fied checks in payment of income, war-profits and excess- income, war-profits and excessprofits taxes and any other taxes profits taxes and any other taxes payable other than by stamp, payable other than by stamp, during such time and under such during such time and under such regulations as the Commissioner, regulations as the Commissioner, with the approval of the Secre- with the approval of the Secretary, shall prescribe; but if a tary, shall prescribe; but if a check so received is not paid by check so received is not paid481 the bank on which it is drawn by the bank on which it is drawn the person by whom such check the person by whom such check has been tendered shall remain has been tendered shall remain liable for the payment of the tax liable for the payment of the tax and for all legal penalties and and for all legal penalties and additions the same as if such additions the same as if such check had not been tendered. check had not been tendered. 481 A taxpayer gave the collector of internal revenue a check on the Kelso, Washington bank, in payment of his income and profits taxes. The check was presented by mail to the Kelso bank through a San Francisco bank. The Kelso bank remitted by draft drawn on a Portland bank. The Kelso bank also marked the check "paid" and charged the account of the taxpayer. When the draft was presented to the Portland bank, Act of 1917. SEC. 1010. That under the rules and regulations prescribed by the Secretary of the Treasury, collectors of internal revenue may receive, at par and accrued interest, certificates of indebtedness issued under section six of the Act entitled "An Act to authorize an issue of bonds to meet expenditures for the national security and defense, and, for the purpose of assisting in the prosecution of the war, to extend credit to foreign governments, and for other purposes, approved April twenty-fourth, nineteen hundred and seventeen, and any subsequent Act or Acts, and uncertified checks in payment of income and excessprofits taxes, during such time and under such regulations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe; but if a check so received is not paid by the bank on which it is drawn the person by whom such check has been tendered shall remain liable for the payment of the tax and for all legal penalties and additions the same as if such check had not been tendered. it was dishonored for the reason that the Kelso bank had failed. This did not constitute payment by the taxpayer of his taxes under Sec. 1314 of the Act of 1918. U. S. v. McKenney, (D. C., W. D. Wash. 1923) 293 Fed. 400. Act of 1924. Act of 1921. Act of 1918. ors in satisfaction of their respective demands up to the amounts stated in the receipts; and such receipt shall be sufficient evidence in favor of such debtor to justify him in withholding from his next payment to his creditor the amount therein stated; but the creditor may, upon giving to his debtor a full written receipt acknowledging the payment to him of any sum actually paid and accepting the amount of tax paid as aforesaid (specifying the same) as a further satisfaction of the debt to that amount, require the surrender to him of such collector's receipt. FRACTIONAL PARTS OF A CENT. SEC. 1021. (c) In the payment SEC. 1306. That in the payof any tax under this Act not ment of any tax under this Act payable by stamp a fractional not payable by stamp a fracpart of a cent shall be disre- tional part of a cent shall be garded unless it amounts to one-disregarded unless it amounts to half cent or more, in which case one-half cent or more, in which it shall be increased to 1 cent. case it shall be increased to 1 SEC. 1021. (d) Section 37 of cent. the Act of August 27, 1894, entitled "An Act To reduce taxation to provide revenue for the Government, and for other purposes," is hereby repealed. METHOD OF COLLECTING TAX. SEC. 1022. Whether or not the method of collecting any tax imposed by Titles IV, V, VI, or VII482 is specifically provided therein, any such tax may, under regulations prescribed by the Commissioner with the approval of the Secretary, be collected by stamp, coupon, serial-numbered ticket, or such other reasonable device or method as may be necessary or helpful in securing a complete and prompt collection of the tax. All administrative and penalty provisions of Title VIII,482 in so far as applicable, shall apply to the collection of any tax which the Commissioner determines or prescribes shall be collected in such manner. SEC. 1313. That in the payment of any tax under this Act not payable by stamp a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to 1 cent. 482 Titles IV, V, VI, VII and VIII, pp. 386-396, |