Page images
PDF
EPUB

SEC. 6412-Continued

(a)(5)—Continued

Do..

(date

changed)

(b).

(dates changed)

Do..
(dates
changed)

Mar. 29, 1956, H.R. 9166, P.L. 84-458, § 3(b) (4), 70 Stat. 67: Amended Sec. 6412(a) (5)770 (as amended by P.L 84-18, § 3(b)(4)) by striking out

“July 1, 1956"

and inserting in lieu thereof

"July 1, 1957".

Applicability:

Indicated by the terms of the amendment.

Mar. 30, 1955, H.R. 4259, P.L. 84-18, § 3(b) (4), 70 Stat. 15:
Amended Sec. 6412(b) 771-

(1) by striking out each place it appeared in paragraphs (1) and (2)

"April 1, 1955"

and inserting in lieu thereof

"April 1, 1956" and

(2) by striking out in paragraph (1)—

"July 1, 1955"

and inserting in lieu thereof―

"July 1, 1956".

Applicability:

Indicated by the terms of the amendment.

Mar. 29, 1956, H.R. 9166, P.L. 84–458, § 3(b) (4), 70 Stat. 67:
Amended Sec. 6412(b) (as amended by P.L. 84-18, §3(b) (4))—
(1) by striking out each place it appeared in paragraphs (1) and

(2)

"April 1, 1956"

and inserting in lieu thereof

"April 1, 1957"; and

(2) by striking out in paragraph (1)—

"July 1, 1956"

and inserting in lieu thereof

"July 1, 1957".

Applicability:

Indicated by the terms of the amendment.

770 On and after June 29, 1956, the above paragraph (5) was superseded by section 6412(a)(1) as amended by P.L. 84-627, § 208(a). See p. 1039 above and n. 766.

771 Subsection (b) of section 6412 originally read as follows (68A Stat. 796): "(b) GASOLINE.—

"(1) IN GENERAL.— With respect to any gasoline taxable under section 4081, upon which tax (including floor stocks tax) at the applicable rate has been paid, and which, on April 1, 1955, is held and intended for sale by any person, there shall be credited or refunded (without interest) to the producer or importer who paid the tax, subject to such regulations as may be prescribed by the Secretary or his delegate, an amount equal to so much of the difference between the tax so paid and the amount of tax made applicable to such gasoline on and after April 1, 1955, as has been paid by such producer or importer to such person as reimbursement for the tax reduction on such gasoline, if claim for such credit or refund is filed with the Secretary or his delegate prior to July 1, 1955. No credit or refund shall be allowable under this subsection with respect to gasoline in retail stocks held at the place where intended to be sold at retail, nor with respect to gasoline held for sale by a producer or importer of gasoline.

(2) LIMITATION ON ELIGIBILITY FOR CREDIT OR REFUND.-No producer or importer shall be entitled to a credit or refund under paragraph (1) unless he has in his possession satisfactory evidence of the inventories with respect to which he has made the reimbursements described in such paragraph, and establishes to the satisfaction of the Secretary or his delegate with respect to the quantity of gasoline as to which credit or refund is claimed under such paragraph, that on or after April 1, 1955, such quantity of gasoline was sold to the ultimate consumer at a price which reflected the amount of the tax reduction."

SEC. 6412-Continued (b)—Continued

Do.. (in full)

(c)

(in full)

(d).. (date

changed)

Do (clause added)

June 29, 1956, H.R. 10660, P.L. 84-627, § 208(a), 70 Stat. 393:
Amended Sec. 6412(b) (n. 771) to read as follows:

"(b) LIMITATION ON ELIGIBILITY FOR CREDIT OR REFUND.— No manufacturer, producer, or importer shall be entitled to credit or refund under subsection (a) unless he has in his possession such evidence of the inventories with respect to which the credit or refund is claimed as may be required by regulations prescribed under this section."

Effective Date:

June 29, 1956-the date of enactment.

(Id., § 211, 70 Stat. 402.)

June 29, 1956, H.R. 10660, P.L. 84-627, § 208(a), 70 Stat. 393:
Amended Sec. 6412(c)772 to read as follows:

"(c) OTHER LAWS APPLICABLE.-All provisions of law, including penalties, applicable in respect of the taxes imposed by sections 4061, 4071, and 4081 shall, insofar as applicable and not inconsistent with subsections (a) and (b) of this section, apply in respect of the credits and refunds provided for in subsection (a) to the same extent as if such credits or refunds constituted overpayments of such taxes."

Effective Date:

June 29, 1956-the date of enactment.

(Id., § 211, 70 Stat. 402.)

Mar. 29, 1956, H.R. 7030, P.L. 84–545, § 19, 70 Stat. 221:
Amended Sec. 6412(d) 773 by striking out-

"1957"

and inserting in lieu thereof―

"1961".

Effective Date:

January 1, 1956.

(Id., § 22, 70 Stat. 221.)

Sept. 2. 1958, H.R. 7125, P.L. 85-859, § 162(a), 72 Stat. 1306: Amended Sec. 6412(d) (as amended by P.L. 84-545, § 19) by inserting before the period at the end a comma and the following:

"if claim for such refund is filed with the Secretary or his delegate on or before September 30, 1961".

Effective Date:

January 1, 1959-the first day of the first calendar quarter beginning more than 60 days after the date of enactment (September 2, 1958).

(Id., § 1(c), 72 Stat. 1275. See n. 445, p. 671 above.)

772 Subsection (c) of section 6412 originally read as follows (68A Stat. 796): "(c) OTHER LAWS APPLICABLE TO CERTAIN FLOOR STOCKS REFUNDS.-All provisions of law, including penalties, applicable in respect of the taxes imposed under sections 4061 and 4081 shall, insofar as applicable and not inconsistent with subsections (a) and (b) of this section, be applicable in respect of the credits and refunds provided for in such subsections to the same extent as if such credits or refunds constituted overpayments of such taxes."

773 Subsection (d) of section 6412 originally read as follows (68A Stat. 796):

"(d) SUGAR. With respect to any sugar or articles composed in chief value of sugar upon which tax imposed under section 4501 (b) has been paid and which, on June 30, 1957, are held by the importer and intended for sale or other disposition, there shall be refunded (without interest) to such importer, subject to such regulations as may be prescribed by the Secretary or his delegate, an amount equal to the tax paid with respect to such sugar or articles composed in chief value of sugar."

SEC. 6412-Continued

(d) (amended 1958)-Continued

Do.. (date

changed)

Do

(dates changed)

Do (dates changed)

Do...
(repealed)

(e)

(repealed)

Applicability:

Indicated by the terms of the amendment.

July 6, 1960, H.R. 12311, P.L. 86–592, § 2, 74 Stat. 330:
Amended Sec. 6412(d) (as amended by P.L. 84-545, § 19, and by
P.L. 85-859, § 162(a)) by striking out each place it appeared-

"June 30, 1961"

and inserting in lieu thereof

"September 30, 1961".

Applicability:

Indicated by the terms of the amendment.

Mar. 31, 1961, H.R. 5463, P.L. 87–15, § 2(b), 75 Stat. 40:
Amended Sec. 6412(d) (as previously amended)-

(1) by striking out where it first appeared

"September 30, 1961"

and inserting in lieu thereof

"December 31, 1962"; and

(2) by striking out where it appeared the second time-
"September 30, 1961"

and inserting in lieu thereof

"March 31, 1963".

Applicability:

Indicated by the terms of the amendment.

July 13, 1962, H.R. 12154, P.L. 87-535, § 18(b), 76 Stat. 166:
Amended Sec. 6412(d) 774 (as previously amended)-
(1) by striking out-

"December 31, 1962"

and inserting in lieu, thereof—

"June 30, 1967"; and (2) by striking out

"March 31, 1963"

and inserting in lieu thereof

"September 30, 1967".

Applicability:

Indicated by the terms of the amendment.

May 24, 1962, H.R. 10607, P.L. 87-456, § 302(d), 76 Stat. 77:
Repealed Sec. 6412(d).

Effective Date:

August 31, 1963.

(Id., § 501(a), 76 Stat. 78. See n. 559, p. 809 above.)

June 21, 1965, H.R. 8371, P.L. 89-44, § 209 (d), 79 Stat. 144:
Repealed Sec. 6412(e).775

774 The above amendment was made after the enactment of P.L. 87-456, § 302(d), which repealed section 6412(d), but, as indicated above, the repeal did not become effective until August 31, 1963. 775 Subsection (e) of section 6412, which had not been amended prior to its repeal, read as follows (68A Stat. 797):

"(e) CROSS REFERENCE.

"For floor stocks refunds in case of certain alcohol and tobacco taxes, see sections 5063 and 5707."

SEC. 6412-Continued

(e) (repealed 1965)—Continued

Effective Date:

June 22, 1965-the day after the date of enactment (June 21, 1965). (Id., § 701(a)(1), 79 Stat. 155.)

ANCILLARY PROVISIONS:

Mar. 30, 1955, H.R. 4259, P.L. 84-18, § 3(b), 69 Stat. 15:

Amended section 497 of the Revenue Act of 1951 (relating to refunds on articles from foreign trade zones), as amended by the Excise Tax Reduction Act of 1954 776_ (1) by inserting after "Internal Revenue Code" each place it appeared

"of 1939 (or section 5701, 5001(a), 5022, 5041(b) or 5051 of the Internal Revenue Code of 1954)"; and

(2) by striking out each place it appeared

"April 1, 1955"

and inserting in lieu thereof

"April 1, 1956".

Mar. 29, 1956, H.R. 9166, P.L. 84-458, § 3(b), 70 Stat. 67:

Amended section 497 of the Revenue Act of 1951 (as amended by P.L. 84-18, § 3(b)) by striking out each place it appeared

"April 1, 1956"

and inserting in lieu thereof

"April 1, 1957".

Mar. 29, 1957, H.R. 4090, P.L. 85–12, § 3(b), 71 Stat. 10:

Amended section 497 of the Revenue Act of 1951 (as amended by P.L. 84-458, 3(b)) by striking out each place it appeared

"April 1, 1957"

and inserting in lieu thereof

"July 1, 1958".

776 Section 497 of the Revenue Act of 1951 (October 20, 1951, 82d Cong., H. R. 4473, P.L. 82-183, 65 Stat. 540) provided as follows:

"SEC 497. REFUNDS ON ARTICLES FROM FOREIGN TRADE ZONES.

"(a) IMPORTED ARTICLES.-With respect to any article specified in section 2000(c) (2), 2800(a), 3030(a), or 3150(a) of the Internal Revenue Code on which internal revenue tax at the applicable rate prescribed in such section has been determined pursuant to section 3 of the Act of June 18, 1934, as amended (U.S.C., title 19, sec. 81c), prior to April 1, 1954, and which on or after such date is brought from a foreign trade zone into customs territory of the United States and the tax so determined thereon paid, there shall be credited or refunded (without interest) to the taxpayer, subject to such regulations as may be prescribed by the Secretary, an amount equal to the difference between the tax so paid and the amount of tax made applicable to such articles on and after April 1, 1954, if claim for such credit or refund is filed with the Secretary within thirty days after payment of the tax.

"(b) PREVIOUSLY TAXPAID ARTICLES.-With respect to any article specified in section 2000(c) (2), 2800(a), 3030(a), or 3150(a) of the Internal Revenue Code, upon which internal revenue tax (including floor stocks tax) at the applicable rate prescribed in such section has been paid, and which was taken into a foreign trade zone from the customs territory of the United States and placed under the supervision of the collector of customs, pursuant to the second proviso of section 3 of the Act of June 18, 1934, as amended (U.S.C.,title 19, sec. 81c), prior to April 1, 1954, and which on or after such date is (without loss of identity) returned from a foreign trade zone to customs territory of the United States, there shall be credited or refunded (without interest) to the person so returning such article, subject to such regulations as may be prescribed by the Secretary, an amount equal to the difference between the tax so paid and the amount of tax made applicable to such articles on and after April 1, 1954, if claim for such credit or refund is filed with the Secretary within thirty days after the return of the article to customs territory."

This section was amended by the Excise Tax Reduction Act of 1954 (March 31, 1954, H.R. 8224, P.L. 83–324, § 601(b) (5), 68 Stat. 46) by striking out each place it appeared

"April 1, 1954"

and inserting in lieu thereof

"April 1, 1955".

60-448-67———67

SEC. 6412-Continued

ANCILLARY PROVISIONS-Continued

June 30, 1958, H.R. 12695, P.L. 85-475, § 3(b), 72 Stat. 260:

Amended section 497 of the Revenue Act of 1951 (as amended by P.L. 85-12, § 3(b)) by striking out each place it appeared

"July 1, 1958"

and inserting in lieu thereof

"July 1, 1959".

June 30, 1959, H.R. 7523, P.L. 86-75, § 3(b), 73 Stat. 158:

Amended section 497 of the Revenue Act of 1951 (as amended by P.L. 85-475, 83(b)) by striking out each place it appeared.

"July 1, 1959"

and inserting in lieu thereof

"July 1, 1960".

June 30, 1960, H.R. 12381, P.L. 86-564, § 202(b), 74 Stat. 291:

Amended section 497 of the Revenue Act of 1951 (as amended by P.L. 86-75, § 3(b)) by striking out each place it appeared

"July 1, 1960"

and inserting in lieu thereof―

"July 1, 1961".

June 30, 1961, H.R. 7446, P.L. 87-72, § 3(b), 75 Stat. 194:

Amended section 497 of the Revenue Act of 1951 (as amended by P.L. 86-564, § 202(b)) by striking out each place it appeared

"July 1, 1961"

and inserting in lieu thereof

"July 1, 1962".

June 28, 1962, H.R. 11879, P.L. 87-508, § 3(b), 76 Stat. 114:

Amended section 497 of the Revenue Act of 1951 (as amended by P.L. 87-72, § 3(b)) by striking out each place it appeared—

"July 1, 1962"

and inserting in lieu thereof

"July 1, 1963".

June 29, 1963, H.R. 6755, P.L. 88-52, § 3(b) (2), 77 Stat. 73:

Amended section 497 of the Revenue Act of 1951 (as amended by P.L. 87-508, § 3(b)) by striking out each place it appeared

"July 1, 1963"

and inserting in lieu thereof

"July 1, 1964".

June 30, 1964, H.R. 11376, P.L. 88-348, § 2(b) (2), 78 Stat. 237:

Amended section 497 of the Revenue Act of 1951 (as amended by P.L. 88-52, § 3(b) (2)) by striking out each place it appeared

"July 1, 1964"

and inserting in lieu thereof

"July 1, 1965".

Sept. 3, 1964, H.R. 3846, P.L. 88-578, § 201, 78 Stat. 904:

Title I of P.L. 88-578 (entitled "Land and Water Conservation Fund Act of 1965") provided for the establishment of a land and water conservation fund to assist in meeting outdoor recreation demands and needs of the American people. Title II of such Act ("Motor Fuel Tax Provisions") contained the following section:

"SEC. 201. (a) There shall be set aside in the land and water conservation fund in the Treasury of the United States provided for in title I of this Act the amounts

« PreviousContinue »