Page:United States Statutes at Large Volume 72 Part 1.djvu/1352

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[72 Stat. 1310]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 1310]

1310

PUBLIC LAW 85-869-SEPT. 2, 1968

[T2 S T A T.

for the exclusive use of a State or local government, sold to a nonprofit educational organization for its exclusive use, or used or sold for use as supplies for vessels or aircraft; or " (D) in the case of a radio receiving set or an automobile radio receiving set— " (i) such set is used by the second manufacturer or producer as a component part of any other article manulactured or produced by him, and "(ii) such other article is by any person exported, sold to a State or local government for the exclusive use of a State or local government, sold to a nonprofit educational organization for its exclusive use, or used or sold for use as supplies for vessels or aircraft. For purposes of subparagraphs (A) and (B), an article shall be treated as having been used as a component part of another article if, had it not been broken or rendered useless in the manufacture or production of such other article, it would have been so used. " (4) TIRES, INNER TUBES, AND AUTOMOBILE RADIO AND TELEVISION RECEIVING S E T S. — I f

26 USC 4071.

4226 " ^ " '*°* ^

" ( ^) (i) ^ <^ire or inner tube taxable under section 4071, or automobile radio or television receiving set taxable under section 4141, is sold by the manufacturer, producer, or importer thereof on or in connection with, or with the sale of, any other article manufactured or produced by him, or "(ii) a radio receiving set or an automobile radio receiving set is used by the manufacturer thereof as a component part of any other article manufactured or produced by him; and " (B) such other article is by any person exported, sold to a State or local government for the exclusive use of a State or local government, sold to a nonprofit educational organization for its exclusive use, or used or sold for use as supplies for vessels or aircraft, ^^^y ^^^ imposed by chapter 32 in respect of such tire, inner tube, or receiving set which has been paid by the manufacturer, producer, or importer thereof shall be deemed to be an overpayment by him. "(5)

RETURN OF CERTAIN INSTALLMENT ACCOUNTS.—If—

" (A) tax was paid under section 4053(b)(1) or 4216 (e)(1) in respect of any installment account, " (B) such account is, under the agreement under which the account was sold, returned to the person who sold such account, and " (C) the consideration is readjusted as provided in such agreement, the part of the tax paid under section 4053(b)(1) or 4216 (e) (1) proportionate to the part of the consideration repaid or credited to the purchaser of such account shall be deemed to be an overpayment. This subsection shall apply in respect of an article onlv if the exportation or use referred to in the applicable provision of this subsection occurs before any other use, or, in the case of a sale or resale, the use referred to in the applicable provision of this subsection is to occur before any other use. "(c) CREDIT FOR TAX PAID ON TIRES, INNER TUBES, OR RADIO OR TELEVISION RECEIVING SETS.—If tires, inner tubes, or automobile radio

or television receiving sets on which tax has been paid under chapter 32 are sold on or in connection with, or with the sale of, another article taxable under chapter 32, there shall (under regulations prescribed by the Secretary or his delegate) be credited (without interest) against