Page:United States Statutes at Large Volume 68A.djvu/862

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822

INTERNAL REVENUE CODE OF 1954

and not to willful neglect, there shall be paid by the person failing to file the statement, upon notice and demand by the Secretary or his delegate and in the same manner as tax, $1 for each such statement not filed, but the total amount imposed on the delinquent person for all such failures during any calendar year shall not exceed $1,000. (b) ALCOHOL AND TOBACCO T A X E S. —

For penalties for failure to file certain information returns with respect to alcohol and tobacco taxes, see, generally, subtitle E. SEC. 6653. FAILURE TO PAY TAX. (a) NEGLIGENCE OR INTENTIONAL DISREGARD OF RULES AND REGULATIONS W I T H R E S P E C T TO INCOME OR G I F T T A X E S. — I f any

part of any underpayment (as defined in subsection (c)(1)) of any tax imposed by subtitle A or by chapter 12 of subtitle B (relating to income taxes and gift taxes) is due to negligence or intentional disregard of rules and regulations (but without intent to defraud), there shall be added to the tax an amount equal to 5 percent of the underpayment. (b) FRAUD.—If any part of any underpayment (as defined in subsection (c)) of tax required to be shown on a return is due to fraud-, there shall be added to the tax an amount equal to 50 percent of the underpayment. I n the case of income taxes and gift taxes, this amount shall be in lieu of any amount determined under subsection (a). (c) DEFINITION OF UNDERPAYMENT.—For purposes of this section, the term "underpayment" means— (1) INCOME, ESTATE, AND GIFT TAXES.—In the case of a tax to which section 6211 (relating to income, estate, and gift taxes) is applicable, a deficiency as defined in that section (except that, for this purpose, the tax shown on a return referred to in section 6211 (a)(1)(A) shall be taken into account only if such return was filed before the last day prescribed for the filing of such return, determined with regard to any extension of time for such filing), and (2) OTHER TAXES.—In the case of any other tax, the amount by which such tax imposed by this title exceeds the excess of— (A) The sum of— (i) The amount shown as the tax by the taxpayer upon his return (determined without regard to any credit for an overpayment for any prior period, and without regard to any adjustment under authority of sections 6205(a) and 6413 (a)), if a return was made by the taxpayer within the time prescribed for filing such return (determined with regard to any extension of time for such filing) and an amount was shown as the tax by the taxpayer thereon, plus (ii) Any amount, not shown on the return, paid in respect of such tax, over— (B) The amount of rebates made. For purposes of subparagraph (B), the term "rebate" means so much of an abatement, credit, refund, or other repayment, as was made on the ground that the tax imposed was less than the excess of the amount specified in subparagraph (A) over the rebates previously made. (d) N o

DELINQUENCY PENALTY

I F FRAUD ASSESSED.—If

any

penalty is assessed under subsection (b) (relating to fraud) for an underpayment of tax which is required to be shown on a return, no § 6652(a)