Page:United States Statutes at Large Volume 16.djvu/293

FORTY—FIRS’I` CONGRESS. Sess. II. Ch. 255. 1870. 259 thereof by the collector, there shall be levied and collected, as a penalty, the sum of Eve per ccntum on the amount unpaid, and interest on said amount at the rate of one per centum per month from the time the same became due, except from the estates of deceased, insane, or insolvent persons. Sec. 11. And be itfurlhnr enacted, That it shall be the duty of every I"¤¥‘S<3¤S liable person of lawful age, whose gross income during the preceding year cx- :3;*3 m°1;°m° ceeded two thousand dollars, to make and render a return on or before the turns tgnélssglinc day designated by law, to the assistant assessor of the district in which he ”’°”°*`- resides of the gross amount of his income, gains, and profits as aforesaid; but not including the amount received from any corporation whose officers, R°t¤¤¤¤ *0 inas authorized by law, withhold and pay as taxes a, per centum of the div- °lud° wm"' &°' idends made and of the interest or coupons paid by such corporation, nor that portion of the salary 01* pay received for services in the civil, military, naval, or other service of the United States, or as senator, representative, or delegate in Congress, from which tax has been deducted, nor the wages of minor children not received; and every guardian and trustee, executor or administrator, and any person acting in any other fiduciary capacity, or as resident agent for, or ccpartner of; any non-resident alien, deriving income, gains, and profits from any business, trade, or profession carried on in the United States, or from rents of real estate situated therein, shall make and render a return as aforesaid to the assistant assessor of the district in which he resides of the amount of income, gains, and profits 0f any minor or person for whom he acts. The assistant assessor shall re- To be verified quire every such return to be verified by the oath of the party rendering by °°m‘ it, and may increase the amount of any return, after notice to such party, Assismntgaif he has reason to believe that the same is understated. In case any person having a gross income as above, of two thousand dollars or more, Penalty for ` shall neglect or refuse to make and render such return, or shall render a ¤°” making *`°· fhise or fraudulent return, the assessor or the assistant assessor shall make tllglkuking such return, according to the best information he can obtain by the exami- mise return; nation of said person, or of his books or accounts, or by any other evidence, and shall add, as a. penalty, be the amount of the tax due thereon, fifty per cemum in all cases of willful neglect or refusal to make and render a return, and one hundred per centum in all cases of a false or fraudulent return having been rendered. The tax and the addition thencto howagsesged as penalty shall be assessed and collected in the manner provided for in md °°u°°*°di cases of willful neglect or refusal to render a return, or ofrenderinga false or fraudulent return. But, no penalty shall be assessed upon any person not to b,, u- for such neglect or refusal, or for making or rendering u ihise or t“mudu· s<>¤¤¤·i mum ¤f¤¤r lent return, except after reasonable notice of the time and place of hear- ;f;°°° °"°' ing, to be regulated by the commissioner of internal revenue, so as to give the person charged an opportunity to be heard: Promded 'Ilhat no Incomamums collector, deputy collector, assessor, or assistant assessor shall p€l'I`(11ll to be gs be pubpublished in any manner such income returns, or'a¤y part thereof, except ‘ such general statistics, not specifying the names of individuals or firms, ns he may make public, under such rules and regulations as the comxmssioner of internal revenue shall prescribe. Sec. 12. And be it further enacted, That when the return of any pen- when returns sou is increased by the assistant assessor, such person may exhibnt hns books and accounts and be permitted to prove and declare, under oath, °} am0u“tH_ the amount of income liable to be assessed; but such oath and evidence able to tax may shall not be conclusive of the facts, and no deductions claimed in such be Sh°“’”· cases shall be allowed until approved by the assistant assessor. Any per- £ };;)::.l: ;;g;H son may appeal from the decision of the assnstant assessor, m such cases, Drs and mm] to the assessor of the district, and his decision thereon, unless reversed by my the commissioner of internal revenue, shall be une]. The form, tlme, and manner of proceedings shall be subject to regulatxons to be prescmbcd P;-gesedumgsin by the commissioner of internal revenue. pp '