Page:United States Statutes at Large Volume 53 Part 1.djvu/464

This page needs to be proofread.


456 CODIFICATION OF INTERNAL REVENUE LAWS Part III-General Provisions SEC. 3710. SURRENDER OF PROPERTY SUBJECT TO DISTRAINT. (a) REQUIREMENT.-Any person in possession of property, or rights to property, subject to distraint, upon which a levy has been made, shall, upon demand by the collector or deputy collector mak- ing such levy, surrender such property or rights to such collector or deputy, unless such property or right is, at the time of such demand, subject to an attachment or execution under any judicial process. (b) PENALTY FOR VIOLATION.-Any person who fails or refuses to so surrender any of such property or rights shall be liable in his own person and estate to the United States in a sum equal to the value of the property or rights not so surrendered, but not exceeding the amount of the taxes (including penalties and interest) for the collection of which such levy has been made, together with costs and interest from the date of such levy. (c) PERSON DEFINED. -The term "person" as used in this section includes an officer or employee of a corporation or a member or em- ployee 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. SEC. 3711. PRODUCTION OF BOOKS. All persons, and officers of companies or corporations, are required, on demand of a collector or deputy collector about to distrain or hav- ing distrained on any property, or rights of property, to exhibit all books containing evidence or statements relating to the subject of distraint, or the property or rights of property liable to distraint for the tax due. SEC. 3712. SALE OF INDIVISIBLE PROPERTY. When any property liable to distraint for taxes is not divisible, so as to enable the collector by sale of a part thereof to raise the whole amount of the tax, with all costs and charges, the whole of such property shall be sold, and the surplus of the proceeds of the sale, after making allowance for the amount of the tax, interest, pen- alties, and additions thereto, and for the costs and charges of the distraint and sale, shall be deposited with the Treasurer of the United States as provided in section 3971. SEC. 3713. DISTRAINT BY COLLECTOR OUTSIDE HIS DISTRICT. Any collector or deputy collector may for the collection of taxes imposed upon any person, and committed to him for collection, seize and sell any of the property, real or personal (except property ex- empt from distraint and sale under section 3691), or any right or interest therein, of such person situated in any other collection dis- trict within the State in which such officer resides, notwithstanding the provisions of subsection (b) of section 3651; and his proceedings in relation thereto shall have the same effect as if the same were had in his proper collection district. SEC. 3714. PERIOD OF LIMITATION UPON DISTRAINT. (a) LENGTH OF PERIOD.- For period within which distraint may be begun in case of- Income tax, see sections 276 (c) and 277. Estate tax, see sections 874 (b) (2) and 875. Miscellaneous taxes, see section 3312 (d). (b) DATE OF BEGINNING DISTRAINT. -In determining the run- ning of any period of limitation in respect of distraint, the distraint shall be held to have been begun- (1) PERSONAL PBOPEBTY. -In the case of personal property, on the date on which the levy upon such property is made; or (2) RBX. PnoPEITr.- In the case of real property, on the date on which notice of the time and place of sale is given to the person whose estate it is proposed to sell.