Page:United States Statutes at Large Volume 72 Part 1.djvu/49

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[72 Stat. 9]
[72 Stat. 9]
PUBLIC LAW 85-000—MMMM. DD, 1958

72 S T A T. ]

PXJBLIC LAW 8 5 - 3 2 3 - F E B. 11, 1958

"SEC. 6423. CONDITIONS TO ALLOWANCE IN THE CASE OF ALCOHOL AND TOBACCO TAXES. " (a) CONDITIONS.—No credit or refund shall be allowed or made, in pursuance of a court decision or otherwise, of any amount paid or collected as an alcohol or tobacco tax unless the claimant establishes (under regulations prescribed by the Secretary or his delegate) — "(1) that he bore the ultimate biu'den of the amount claimed; or "(2) that he has unconditionally repaid the amount claimed to the person who bore the ultimate burden of such amount; or "(3) that (A) the owner of the commodity furnished him the amount claimed for payment of the tax, (B) he has filed with the Secretary or his delegate the written consent of such owner to the allowance to the claimant of the credit or refund, and ^C) such owner satisfies the requirements of paragraph (1) or (2). " (b) F I L I N G OF CLAIMS.—No credit or refund of any amount to

which subsection (a) applies shall be allowed or made unless a claim therefor has been filed by the person who paid the amount claimed, and, except as hereinafter provided in this subsection, unless such claim is filed after April 30, 1958, and within the time prescribed by law, and in accordance with regulations prescribed by the Secretary or his delegate. All evidence relied upon in support of such claim shall be clearly set forth and submitted with the claim. Any claimant who has on or before Af)ril 30, 1958, filed a claim for any amount to which subsection (a) applies may, if such claim was not barred from allowance on April 30, 1958, file a superseding claim after April 30, 1958, and on or before April 30, 1959, conforming to the requirements of this section and covering the amount (or any part thereof) claimed in such prior claim. No claim filed before May 1, 1958, for the credit or refund of any amount to which subsection (a) applies shall be held to constitute a claim for refund or credit within the meaning of, or for purposes of, section 7422(a); except that any claimant who instituted a suit before June 15, 1957, for recovery of any amount to which subsection (a) applies shall not be barred by this subsection from the maintenance of such suit as to any amount claimed in such suit on such date if in such suit he establishes the conditions to allowance required under subsection (a) with respect to such amount. "(c) PERIOD NOT EXTENDED.—Any suit or proceeding, with respect to any amount to which subsection (a) applies, which is barred on April 30, 1958, shall remain barred. No claim for credit or refund of any such amount which is barred from allowance on April 30, 1958, shall be allowed after such date in any amount. " (d) APPLICATION OF SECTION.—This section shall apply only if the credit or refund is claimed on the grounds that an amount of alcohol or tobacco tax was assessed or collected erroneously, illegally, without authority, or in any manner wrongfully, or on the grounds that such amount was excessive. This section shall not apply to— "^1) any claim for drawback, " (2) any claim made in accordance with any law expressly providing for credit or refund where a commodity is withdrawn from the market, returned to bond, or lost or destroyed, and "(3) any amount claimed with respect to a commodity which has been lost, where a suit or proceeding was instituted before June 15, 1957. "(e) MEANING OP TERMS.—For purposes of this section— "(1) ALCOHOL OR TOBACCO TAX.—The term 'alcohol or tobacco tax' means— " (A) any tax imposed by chapter 51 (other than part II of subchapter A, relating to occupational taxes) or by chapter

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