Page:United States Statutes at Large Volume 53 Part 2.djvu/628

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PUBLIC LAWS-CH. 367-JULY 26, 1939 Concealment of as- sets. Of penalties. Failure to file re- turn; penalty. Interest on defi- ciencies. If due to negligence. Fraud. Tax shown on re- turn. General rule. Interest. If extension granted. (b) CONCEALMENT OF ASSETS.- Any person who, in connection with any compromise under this section or offer of such compromise or in connection with any closing agreement under this title or offer to enter into any such agreement, willfully (1) conceals from any officer or employee of the District of Columbia any property belonging to the estate of the taxpayer or other person liable with respect of the tax, or (2) receives, destroys, mutilates, or falsifies any book, docu- ment, or record or makes under oath any false statement relating to the estate or the financial condition of the taxpayer or to the person liable in respect of the tax, shall, upon conviction thereof, be fined not more than $5,000 or imprisoned for not more than one year, or both. (c) OF PENALTIEs.- The Commissioners shall have the power for cause shown to compromise any penalty arising under this title. FAILURE TO FILE RETURN SEC. 37. In case of any failure to make and file a return required by this title, within the time prescribed by law or prescribed by the Commissioners in pursuance of law, 25 per centum of the tax shall be added to the tax, except that when a return is filed after such time and it is shown that the failure to file it was due to reasonable cause and not due to willful neglect, no such addition shall be made to the tax. The amount so added to any tax shall be collected at the same time and in the same manner and as a part of the tax unless the tax has been paid before the discovery of the neglect, in which case the amount so added shall be collected in the same manner as the tax. INTEREST ON DEFICIENCIES SEC. 38. Interest upon the amount determined as a deficiency shall be assessed at the same time as the deficiency, shall be paid upon notice and demand from the collector, and shall be collected as a part of the tax, at the rate of 1 per centum per month from the date pre- scribed for the payment of the tax (or, if the tax is paid in install- ments, from the date prescribed for the payment of the first install- ment) to the date the deficiency is assessed. ADDITIONS TO THE TAX IN CASE OF DEFICIENCY SEC. 39 . (a) NEGLIOENCE.- If any part of any deficiency is due to negligence, or intentional disregard of rules and regulations but without intent to defraud, 5 per centum of the total amount of the deficiency (in addition to such deficiency) shall be assessed, collected, and paid in the same manner as if it were a deficiency. (b) FRAUD.- I f any part of any deficiency is due to fraud with intent to evade tax, then 50 per centum of the total amount of the deficiency (in addition to such deficiency) shall be so assessed, col- lected, and paid. ADDITIONS TO THE TAX IN CASE OF NONPAYMENT SEC. 40. (a) TAX SHOWN ON RETURN. -- (1) GENERAL RuOE.- Where the amount determined by the taxpayer as the tax imposed by this title, or any installment thereof, or any part of such amount or installment, is not paid on or before the date prescribed for its payment, there shall be collected as a part of the tax, interest upon such unpaid amount at the rate of 1 per centum a month from the date prescribed for its payment until it is paid. (2) IF EXTENSION GRANTED. - - Where an extension of time for payment of the amount so determined as the tax by the taxpayer, 1104 [53 STAT.