Page:United States Statutes at Large Volume 44 Part 2.djvu/159

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SIXTY-NINTH CONGRESS. Sass. I. gC¤. ,27. ,1926· 119 tax fails to do so at the time required,.or, ' , , any return which, “""‘“ *“ °' ‘°“’°· in the opinion of the collector, is errone ‘ .,9r fraudulenh or contains any undervaluation or understate i _ a ow any larlyauthorized Government oiiicerfto examine `the books of surgerson, firm, or corporation,. it be lawful for the coly m§g§g}°¤Y ‘° ”° lBCl301‘. to Bllflll OI? lilly other PGPSOI} POSQBST sion custody, or care of ooks of account containing entries relating, to the business of such plerson orianv other ,pe1js6n'.he deem" proper, to ger, before , im, and produce such books ata time and place, natneidiiii the summons, and to give testimony or answer inter- rogatories, underoath, r§_s}pecting anyobjects or income liable to tax or the returns thereof. e collector may summon any person resid- w,{;Qr°"*Y °* °*•*¤<=* ing or found within the State or Territory in which his district ' lies; and when the person intended to be summoned, does not reside and can not be found within such State or Territory, he may enter any collectiondistrict where such, person may be ound and there make the examination herein authorized. And to this end he may there exercise all thelauthority which he might lawfully exercise in the district for wl1lCl1_ l1B WHS C0¤1miSSl0!1€dZ P7'0'v?:d@dg That ‘ Pei";¤g3§:qr?;i°ii§§0,;:,$`·i son,’ as used in this section, shall be_ construed to include any cor- ` poration, joint-stock company or association, or insurance company when such construction is necessary to carry out its proYisio.ns.” INTEREST ON REFUNDS AND CREDITS I¤¢cfc¤¢ elicwnnces. Sm. 1116. (a) Upon the allowance of a credit or refund of an e·§1ii$oi°m°1$i¤iii M internal-revenue tax erroneously or illegally assessed or collectecli or of any penalty collected without authority, or ofany sum which was excessive or any manner wron fullg collected, interest shall _dV¤1·43.¤-346.¤m¤¤d- be allowed andpaid on the amount of suc credit or refund at the ' rate of 6 per centum ger annum from the date such tax, nalty, or Dew ¤¤¤w•<¤- sum was paid to the ate of the allowance of the refund? or in the case of a credit to the due date of the amount against which the credit is taken, but if the iamonmt against which the credit iatalrén M*¤jm,¤¤¤i¢i¤¤¤1 is an additional assessment made under the Revenue Act of 1921, ' the Revenue Act of 1924, or this Act, then to the date of the assess- ment of that amount. . ` b As used in this section-- M°•¤*¤¤ °**•¤¤•· 1 The term " additional assessment ” means a further assess- m;§‘%9*°*°¤¤* ·¤¤¤• ment for a tax of the same character previousrgdpaid in gart, and ` includes the assessment ofa deficiency under e II or itle III of the Revenue Act of 1924 or of this Act; _ (2) The term " date of the allowance of the refund " means, in ,_,,,Q,Dgf°,h‘;',:mg’£9'· the case of any income, war-profits, or excess-profits tax, the first ` date on which the Commissioner signs the schedule of overassess- ments in thereof. A v` _ (c) Thissectionshall be, applicable to any refund paid, and to ,,§,§’,',i,l’f’f§f" ‘° *"‘°' any credit taken, on or after t 16 date of the enactment of this Act, even though such refund or credit was allowed prior to such date. rxzrmnnsr ON Joooxnnrs $3*** °¤ l¤d¤· ’ . · Judicial Code. Sno. 1117., `Section 177 of the Judicial Code, asamended, is amended _u}’6*;}_,_,d§°· P- 1**1- te read as follows: . , , . " Sac. 177. (a) No interest shall be allowed on any claim up to °,,·‘—“(g’Q,',{*r”g°°0{°°§,g% the timeof the rendition of judgment by the Court of Claims,_un1ess iuggge. upon acontraet expressly stipulating for the payment of interest, .4, ’p'M°’°m°”°` exceptasprovided in subdivision (b). _