Page:United States Statutes at Large Volume 53 Part 1.djvu/491

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COLLECTORS OF INTERNAL REVENUE 485 SUBCHAPTER D-COVERING OF COLLECTIONS INTO THE TREASURY SEC. 3970. DEPOSITORIES FOR COLLECTIONS The Secretary is authorized to designate one or more depositories in each State, for the deposit and safe-keeping of the money collected by virtue of the internal revenue laws; and the receipt of the proper officer of such depository to a collector for the money deposited by him shall be a sufficient voucher for such collector in the settlement of his accounts at the Treasury Department. SEC. 3971. DEPOSIT OF COLLECTIONS. (a) GENERAL RULE.-Except as provided in subsection (b), the gross amount of all taxes and revenues received under the provisions of this title, and collections of whatever nature received or collected by authority of any internal revenue law, shall be paid daily into the Treasury of the United States under instructions of the Secretary as internal revenue collections, by the officer receiving or collecting the same, without any abatement or deduction on account of salary, compensation, fees, costs, charges, expenses, or claims of any descrip- tion. A certificate of such payment, stating the name of the de- positor and the specific account on which the deposit was made, signed by the Treasurer, designated depositary, or proper officer of a deposit bank, shall be transmitted to the Commissioner. (b) ExcEprToNs.- (1) SrUM OFFERED IN COMPROMISE. -Sums offered in compromise under the provisions of section 3761; (2) SUMS OFFERED FOR PURCHASE OF REAL ESTATE.-Sums offered for the purchase of real estate under the provisions of section 3795; and (3) SURPLUS PROCEEDS IN DISTRAINT SALES.-Surplus proceeds in any distraint sale, after making allowance for the amount of the tax, interest, penalties, and additions thereto, and for costs and charges of the distraint and sale-shall be deposited with the Treasurer of the United States in a special deposit account in the name of the collector making the deposit. Upon acceptance of such offer in compromise or offer for the purchase of such real estate, the amount so accepted shall be withldrawn by the collector from his special deposit account with the Treasurer of the United States and deposited in the Treasury of the United States as in- ternal revenue collections. Upon the rejection of any such offer, the Commissioner shall authorize the collector, through whom the amount of such offer was submitted, to refund to the maker of such offer the amount thereof. In the case of surplus proceeds from distraint sales the Commissioner shall, upon application and sat- isfactory proof in support thereof, authorize the collector through whom the amount was received to refund the same to the person or persons legally entitled thereto. SUBCHAPTER E-DISTRAINT AGAINST DELINQUENT COLLECTOR SEC. 3975. WARRANT OF DISTRESS. When any collector fails either to collect or to render his account, or to pay over in the manner or within the times provided by law, the General Accounting Office shall, immediately after evidence of such delinquency, report the same to the General Counsel for the Treasury Department, who shall issue a warrant of distress against such de- linquent collector, directed to the marshal of the district, expressing