Page:United States Statutes at Large Volume 53 Part 1.djvu/75

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for not more than one year, or both, together with the costs of prosecution. (b) FAILURE TO COLLECT AND PAY OVER TAX, OR ATTEMPT TO DEFEAT OR EVADE TAx.-Any person required under this chapter to collect, account for, and pay over any tax imposed by this chapter, who will- fully fails to collect or truthfully account for and pay over such tax, and any person who willfully attempts in any manner to evade or defeat any tax imposed by this chapter or the payment thereof, shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than five years, or both, together with the costs of prosecution. (c) PERSON DEFINED. - T he term "person" as used in this section includes an officer or employee of a corporation or a member or employee 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. (d) CRoss REFERENCE. - For penalties for failure to file information returns with respect to foreign personal holding companies and foreign corporations, see sec- tion 340. SEC. 146. CLOSING BY COMMISSIONER OF TAXABLE YEAR. (a) TAX IN JEOPARDY.- (1) DEPARTURE OF TAXPAYER OR REMOVAL OF PROPERTY FROM UNITED STATES. - I f the Commissioner finds that a taxpayer designs quickly to depart from the United States or to remove his property there- from, or to conceal himself or his property therein, or to do any other act tending to prejudice or to render wholly or partly ineffec- tual proceedings to collect the tax for the taxable year then last past or the taxable year then current unless such proceedings be brought without delay, the Commissioner shall declare the taxable period for such taxpayer immediately terminated and shall cause notice of such finding and declaration to be given the taxpayer, together with a demand for immediate payment of the tax for the taxable period so declared terminated and of the tax for the pre- ceding taxable year or so much of such tax as is unpaid, whether or not the time otherwise allowed by law for filing return and paying the tax has expired; and such taxes shall thereupon become immedi- ately due and payable. In any proceeding in court brought to enforce payment of taxes made due and payable by virtue of the provisions of this section the finding of the Commissioner, made as herein provided, whether made after notice to the taxpayer or not, shall be for all purposes presumptive evidence of the taxpayer's design. (2) CORPORATION IN LIQUIDATION.- If the Commissioner finds that the collection of the tax of a corporation for the current or last preceding taxable year will be jeopardized by the distribution of all or a portion of the assets of such corporation in the liquidation of the whole or any part of its capital stock, the Commissioner shall declare the taxable period for such taxpayer immediately termi- nated and shall cause notice of such finding and declaration to be given the taxpayer, together with a demand for immediate payment of the tax for the taxable period so declared terminated and of the tax for the last preceding taxable year or so much of such tax as is unpaid, whether or not the time otherwise allowed by law for filing return and paying the tax has expired; and such taxes shall thereupon become immediately due and payable. (b) SECURTrr FOR PAYENT.- -A taxpayer who is not in default in making any return or paying income, war-profits, or excess-profits tax under any Act of Congress may furnish to the United States, under regulations to be prescribed by the Commissioner, with the approval of the Secretary, security approved by the Commissioner INCOME TAX 63