PUBLIC LAW 95-423—OCT. 6, 1978
92 STAT. 935
Public Law 95-423 95th Congress An Act To amend section 5064 of the Internal Revenue Code of 1954 to provide for refund of tax on distilled spirits, wines, rectified products, and beer lost or rendered unmarketable due to fire, flood, casualty, or other disaster, or to breakage, destruction, or other damage (excluding theft) resulting from vandalism or malicious mischief while held for sale.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REFUND OF TAX ON ALCOHOLIC BEVERAGE LOSSES RESULTING FROM DISASTER, VANDALISM, OR MALICIOUS MISCHIEF. (a) IN GENERAL.—So much of section 5064 of the I n t e r n a l Revenue Code of 1954 (relating to losses caused by disaster) as precedes subsection (c) is amended to read as follows: "SEC. 5064. LOSSES RESULTING FROM DISASTER, VANDALISM, OR MALICIOUS MISCHIEF. " (a) PAYMENTS.—The Secretary, under such regulations as he may prescribe, shall p a y (without interest) an amount equal to the amount of the internal revenue taxes paid or determined and customs duties paid on distilled spirits, wines, rectified products, and beer previously withdrawn, which were lost, rendered unmarketable, or condemned by a duly authorized official by reason of— " (1) fire, flood, casualty, or other disaster, or " (2) breakage, destruction, or other damage ( b u t not including theft) resulting from vandalism or malicious mischief, if such disaster or damage occurred in the United States and if such distilled spirits, wines, rectified products, or beer were held and intended for sale a t the time of such disaster or other damage. The payments provided for in this section shall be made to the person holding such distilled spirits, wines, rectified products, or beer for sale a t the time of such disaster or other damage. "(b)
CLAIMS.— " (1) PERIOD FOR MAKING CLAIM; PROOF.—No claim shall be
allowed under this section unless— " (A) filed within 6 months after the date on which such distilled spirits, wines, rectified products, or beer were lost, rendered unmarketable, or condemned by a duly authorized official, and " (B) the claimant furnishes proof satisfactory to the Secretary that the claimant— " (i) was not indemnified by any valid claim of insurance o r otherwise in respect of the tax, or tax and duty, on the distilled spirits, wines, rectified products, or beer covered by the claim; and " ( i i) is entitled to payment under this section. " (2) MINIMUM CLAIM.—Except as provided in paragraph (3)
(A), no claim of less than $250 shall be allowed under this section with respect to any disaster or other damage (as the case may b e).
Oct. 6, 1978 [H.R. 1920]
Taxes. Alcoholic beverages, excise tax refund.
26 USC 5064,
Regulations,
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