ESTATE TAX 133 (e) INCREASE OF DEFICIENCY AFTER NOTICE MALED.-T he Board shall have jurisdiction to redetermine the correct amount of the deficiency even if the amount so redetermined is greater than the amount of the deficiency, notice of which has been mailed to the executor, and to determine whether any additional amount or addi- tion to the tax should be assessed, if claim therefor is asserted by the Commissioner at or before the hearing or a rehearing. (f) FURTHER DEFICIENCY LETTERS RESTRICTED.-If the Commis- sioner has mailed to the executor notice of a deficiency as provided in subsection (a), and the executor files a petition with the Board within the time prescribed in such subsection, the Commissioner shall have no right to determine any additional deficiency, except in the case of fraud, and except as provided in subsection (e) or section 872 (c). If the executor is notified that, on account of a mathe- matical error appearing upon the face of the return, an amount of tax in excess of that shown upon the return is due, and that an as- sessment of the tax has been or will be made on the basis of what would have been the correct amount of tax but for the mathematical error, such notice shall not be considered, for the purposes of this subsection or of subsection (a), or of section 911, as a notice of a deficiency, and the executor shall have no right to fle a petition with the Board of Tax Appeals based on such notice, nor shall such assess- ment or collection be prohibited by the provisions of subsection (a). (g) FINAL DECISIONS OF BOARD.-For the purposes of this sub- chapter the date on which a decision of the Board becomes final shall be determined according to the provisions of section 1140. (h) EXTENSION OF TIME FOR PAYMENT OF DEFICIENCY.- Where it is shown to the satisfaction of the Commissioner that the payment of a deficiency upon the date prescribed for the payment thereof will result in undue hardship to the estate, the Commissioner, under regu- lations prescribed by the Commissioner, with the approval of the Secretary (except where the deficiency is due to negligence, to inten- tional disregard of rules and regulations, or to fraud with intent to evade tax), may grant an extension for the payment of such deficiency or any part thereof for a period not in excess of four years. If an extension is granted, the Commissioner may require the executor to furnish a bond in such amount, not exceeding double the amount of the deficiency, and with such sureties as the Commissioner deems necessary, conditioned upon the payment of the deficiency in accord- ance with the terms of the extension. In such case the running of the statute of limitations for assessment and collection, as provided in section 874, shall be suspended for the period of any such extension. (i) 50 PER CENT ADDITION TREATED AS DEFICIENCY.- The 50 per centum addition to the tax provided by section 3612 (d) (2) shall, when assessed in connection with an estate tax, be assessed, collected, and paid in the same manner as if it were a deficiency, except that the provisions of section 891 shall not be applicable. SEC. 872. JEOPARDY ASSESSMENTS. (a) AUTHORITY FOR MAKIsG. -I f the Commissioner believes that the assessment or collection of a deficiency will be jeopardized by delay, he shall immediately assess such deficiency (together with all interest, additional amounts, or additions to the tax provided for by law) and notice and demand shall be made by the collector for the payment thereof. (b) DEFICIENCY LETESRS.- If the jeopardy assessment is made be- fore any notice in respect of the tax to which the jeopardy assess- ment relates has been mailed under section 871 (a), then the Com- missioner shall mail a notice under such subsection within 60 days after the making of the assessment. (c) AMOUNT ASSREABLE BEroRE DECISION Or BOARD.- T he jeop- ardy assessment may be made in respect of a deficiency greater or
�
