SEC. 5704 (revised 1958)-Continued (e) (added 1964)-Continued Do.... (redesignated as (d)) June 21, 1965, H.R. 8371, P.L. 89-44, § 502(b) (4) (A), 79 Stat. 151: Amended Sec. 5704 (as revised by P.L. 85-859, § 202) by redesignating subsection (e) (as added by P.L. 88-342, § 1(b)) as subsection (d). Effective Date: (Id., § 701(d), 79 Stat. 157.) SEC. 5705. CREDIT, REFUND, OR ALLOWANCE OF TAX (Revised 1965-79 Stat. 164-165): Heading (in part) (a)_ (c).. June 21, 1965, H.R. 8371, P.L. 89–44, § 808 (c) (1), 79 Stat. 165: § 202) 674 by striking out "REFUND OR" and inserting in lieu thereof “CREDIT, REFUND, OR”. Effective Date: October 1, 1965. (Id., § 808(d)(2), 79 Stat. 165.) June 21, 1965, H.R. 8371, P.L. 89-44, § 808(b) (1), 79 Stat. 164: out "REFUND.-Refund of any tax imposed by this chapter shall be made" and inserting in lieu thereof "CREDIT OR REFUND.-Credit or refund of any tax imposed by this chapter or section 7652 shall be allowed or made". Effective Date: October 1, 1965. (Id., § 808 (d) (2), 79 Stat. 165.) June 21, 1965, H.R. 8371, P.L. 89–44, § 808(b) (2), 79 Stat. 164: Amended Sec. 5705(c) (as revised by P.L. 85-859, § 202-see n. 674) by inserting "credit or" before "refund". Effective Date: October 1, 1965. (Id., § 808(d)(2), 79 Stat. 165.) 674 Section 5705 (as revised by P.L. 85-859, § 202) read as follows (72 Stat. 1419): "SEC. 5705. REFUND OR ALLOWANCE OF TAX. "(a) REFUND.-Refund of any tax imposed by this chapter shall be made (without interest) to the manufacturer, importer, or export warehouse proprietor, on proof satisfactory to the Secretary or his delegate that the claimant manufacturer, importer, or export warehouse proprietor has paid the tax on tobacco products and cigarette papers and tubes withdrawn by him from the market; or on such articles lost (otherwise than by theft) or destroyed, by fire, casualty, or act of God, while in the possession or ownership of the claimant. "(b) ALLOWANCE.-If the tax has not yet been paid on tobacco products and cigarette papers and tubes proved to have been withdrawn from the market or lost or destroyed as aforesaid, relief from the tax on such articles may be extended upon the filing of a claim for allowance therefor in accordance with such regulations as the Secretary or his delegate shall prescribe. "(c) LIMITATION.-Any claim for refund of tax under this section shall be filed within 6 months after the date of the withdrawal from the market, loss, or destruction of the articles to which the claim relates, and shall be in such form and contain such information as the Secretary or his delegate shall by regulations prescribe." SEC. 5707. FLOOR STOCKS REFUNDS ON CIGARETTES (Revised 1958-72 Stat. 1419-1420): (a)................ Do.. (dates changed) Do.. June 30, 1959, H.R. 7523, P.L. 86-75, § 3(b)(2), 73 Stat. 158: and inserting in lieu thereof "July 1, 1960"; and and inserting in lieu thereof— Applicability: Indicated by the terms of the amendment. June 30, 1960, H.R. 12381, P.L. 86-564, § 202(b) (2), 74 Stat. 291: "July 1, 1960" and inserting in lieu thereof— "July 1, 1961"; and (2) by striking out "October 1, 1960" and inserting in lieu thereof "October 1, 1961". Applicability: Indicated by the terms of the amendment. June 30, 1961, H.R. 7446, P.L. 87-72, § 3(b) (2), 75 Stat. 193: Amended Sec. 5707(a) (as amended by P.L. 86-564, § 202(b) (2)) — (1) by striking out each place it appeared "July 1, 1961" and inserting in lieu thereof "July 1, 1962"; and— 675 Section 5707 (as revised by P.L. 85-859, § 202) read as follows (72 Stat. 1419–1420): "SEC. 5707. FLOOR STOCKS REFUND ON CIGARETTES. "(a) IN GENERAL.-With respect to cigarettes, weighing not more than 3 pounds per thousand, upon which the tax imposed by subsection (c) (1) of section 5701 has been paid, and which, on July 1, 1959, are held by any person and intended for sale, or are in transit from foreign countries or insular possessions of the United States to any person in the United States for sale, there shall be credited or refunded to such person (without interest), subject to such regulations as shall be prescribed by the Secretary or his delegate, an amount equal to the difference between the tax paid on such cigarettes and the tax made applicable to such articles on July 1, 1959, if claim for such credit or refund is filed with the Secretary or his delegate before October 1, 1959. "(b) LIMITATIONS ON ELIGIBILITY FOR CREDIT OR REFUND.-No person shall be entitled to credit or refund under subsection (a) unless such person, for such period or periods both before and after July 1, 1959 (but not extending beyond 1 year thereafter), as the Secretary or his delegate shall by regulation prescribe, makes and keeps, and files with the Secretary or his delegate, such records of inventories, sales, and purchases as may be prescribed in such regulations. "(c) PENALTY AND ADMINISTRATIVE PROCEDURES.-All provisions of law, including penalties, applicable in respect of internal revenue taxes on cigarettes shall, insofar as applicable and not inconsistent with this section, be applicable in respect of the credits and refunds provided for in this section to the same extent as if such credits or refunds constituted credits or refunds of such taxes. 676 "July 1, 1959" and "October 1, 1959" were the respective dates specified in P.L. 85-475 (June 30, 1958), § 3(b) (3), 72 Stat. 259-260, p. 937 above, and retained in the revision of Chapter 52 by P.L. 85-859, § 202. SEC. 5707 (revised 1958)-Continued (a) (amended 1961)-Continued Do(dates changed) Do... (dates changed) Do... (b). (date changed) and inserting in lieu thereof "October 1, 1962". Applicability: Indicated by the terms of the amendment. June 28, 1962, H.R. 11879, P.L. 87-508, § 3(b) (2), 76 Stat. 114: Amended Sec. 5707(a) (as amended by P.L. 87-72, § 3(b)(2))— (1) by striking out each place it appeared "July 1, 1962" and inserting in lieu thereof "July 1, 1963"; and (2) by striking out "October 1, 1962" and inserting in lieu therof "October 1, 1963". Applicability: Indicated by the terms of the amendment. June 29, 1963, H.R. 6755, P.L. 88-52, § 3(b)(1)(B), 77 Stat. 72: Amended Sec. 5707(a) (as amended by P.L. 87-508, § 3(b)(2))— (1) by striking out each place it appeared "July 1, 1963" and inserting in lieu thereof— "July 1, 1964"; and (2) by striking out "October 1, 1963" and inserting in lieu thereof "October 1, 1964". Applicability: Indicated by the terms of the amendment. June 30, 1964, H.R. 11376, P.L. 88-348, § 2(b) (1) (B), 78 Stat. 237: Amended Sec. 5707(a) (as amended by P.L. 88-52, § 3(b)(1)(B)) — (1) by striking out each place it appeared "July 1, 1964" and inserting in lieu thereof— "July 1, 1965"; and (2) by striking out "October 1, 1964" and inserting in lieu thereof "October 1, 1965". Applicability: Indicated by the terms of the amendment. June 30, 1959, H.R. 7523, P.L. 86-75, § 3(b)(2), 73 Stat. 158: Amended Sec. 5707(b) (relating to limitations on eligibility for credit or refund of floor stocks taxes on cigarettes-as contained in the revision of Chapter 52 by P.L. 85-859, § 202) by striking out"July 1, 1959" 677 and inserting in lieu thereof— "July 1, 1960". 677 This was the date specified in P.L. 85-475 (June 30, 1958), § 3(b) (3), 72 Stat. 259-260, p. 937 above, and retained in the revision of Chapter 52 by P.L. 85-859, 202. SEC. 5707 (revised 1958)-Continued (b) (amended 1959)-Continued Do.. (date changed) Do... (date changed) Do.. Do. (date changed) Do.. (date changed) In full. June 30, 1960, H.R. 12381, P.L. 86–564, § 202(b) (2), 74 Stat. 291: Amended Sec. 5707(b) (as amended by P.L. 86-75, § 3(b)(2)) by striking out "July 1, 1960" and inserting in lieu thereof— "July 1, 1961", Applicability: Indicated by the terms of the amendment. June 30, 1961, H.R. 7446, P.L. 87-72, § 3(b) (2), 75 Stat. 193: Amended Sec. 5707(b) (as amended by P.L. 86-564, § 202(b) (2)) by striking out "July 1, 1961" and inserting in lieu thereof "July 1, 1962". June 28, 1962, H.R. 11879, P.L. 87-508, § 3(b) (2), 76 Stat. 114: Amended Sec. 5707(b) (as amended by P.L. 87-72, § 3(b)(2)) by striking out— "July 1, 1962" and inserting in lieu thereof "July 1, 1963". Applicability: Indicated by the terms of the amendment. June 29, 1963, H.R. 6755, P.L. 88-52, § 3(b) (1) (B), 77 Stat. 72: Amended Sec. 5707(b) (as amended by P.L. 87-508, § 3(b) (2)) by striking out "July 1, 1963" and inserting in lieu thereof "July 1, 1964". Applicability: Indicated by the terms of the amendment. June 30, 1964, H.R. 11376, P.L. 88-348, § 2(b) (1) (B), 78 Stat. 237: Amended Sec. 5707(b) (as amended by P.L. 88-52, § 3(b) (1) (B)) by striking out "July 1, 1964" and inserting in lieu thereof "July 1, 1965". Applicability: Indicated by the terms of the amendment. June 21, 1965, H.R. 8371, P.L. 89-44, § 501 (g), 79 Stat. 150: July 1, 1965. (Id., § 701 (d), 79 Stat. 157.) SEC. 5708. LOSSES CAUSED BY DISASTER (Revised 1958-72 Stat. 1420: 678 ANCILLARY PROVISIONS: Sept. 2, 1958, H.R. 7125, P.L. 85-859, § 209, 72 Stat. 1434: "SEC. 209. LOSSES OF TOBACCO PRODUCTS CAUSED BY DISASTER. "(a) AUTHORIZATION.-Where the President has determined under the Act of September 30, 1950 (42 U.S.C., sec. 1855), that a 'major disaster' as defined in such Act has occurred in any part of the United States, the Secretary of the Treasury or his delegate shall pay (without interest) to the person specified in subsection (b) an amount equal to the amount of the internal revenue taxes paid or determined and customs duties paid on tobacco products and cigarette papers and tubes removed, which were lost, rendered unmarketable, or condemned by a duly authorized official by reason of such disaster occurring in such part of the United States after December 31, 1954, and not later than the date of enactment of this Act, if such tobacco products or cigarette papers or tubes were at the time of such disaster in the possession of— (1) the person paying such tax, or such tax and duty, or obligated to pay a determined tax, on such tobacco products or cigarette papers or tubes, "(2) the manufacturer or importer, or "(3) a wholesale or retail dealer, all referred to in this section as the possessor or possessors. "(b) To WHOM MADE.-Any payment authorized by this section may be made— "(1) to the possessor, or "(2) to any manufacturer, importer, or wholesaler who replaced (or to any manufacturer or importer who has given credit or made replacement to a wholesaler who replaced) for the possessor the full equivalent of the tobacco products or cigarette papers or tubes so lost or rendered unmarketable or condemned, without compensation, remuneration, or credit of any kind in respect of the tax, or tax and duty, on such tobacco products or cigarette papers or tubes. "(c) CLAIMS.-No claim shall be allowed under this section unless "(1) filed within 6 months after the date of enactment of this Act, and 678 The new section 5708 (as added by P.L. 85-859, § 202) read as follows (72 Stat. 1420): "SEC. 5708. LOSSES CAUSED BY DISASTER. "(a) AUTHORIZATION.- Where the President has determined under the Act of September 30, 1950 (42 U.S.C., sec. 1855), that a 'major disaster' as defined in such Act has occurred in any part of the United States, the Secretary or his delegate shall pay (without interest) an amount equal to the amount of the internal revenue taxes paid or determined and customs duties paid on tobacco products and cigarette papers and tubes removed, which were lost, rendered unmarketable, or condemned by a duly authorized official by reason of such disaster occurring in such part of the United States on and after the effective date of this section, if such tobacco products or cigarette papers or tubes were held and intended for sale at the time of such disaster. The payments authorized by this section shall be made to the person holding such tobacco products or cigarette papers or tubes for sale at the time of such disaster. "(b) CLAIMS.-No claim shall be allowed under this section unless "(1) filed within 6 months after the date on which the President makes the determination that the disaster referred to in subsection (a) has occurred; and "(2) the claimant furnishes proof to the satisfaction of the Secretary or his delegate that— "(A) he was not indemnified by any valid claim of insurance or otherwise in respect of the tax, or tax and duty, on the tobacco products or cigarette papers or tubes covered by by the claim, and "(B) he is entitled to payment under this section. Claims under this section shall be filed under such regulations as the Secretary or his delegate shall prescribe. "(c) DESTRUCTION OF TOBACCO PRODUCTS OR CIGARETTE PAPERS OR TUBES.-Before the Secretary or his delegate makes payment under this section in respect of the tax, or tax and duty, on the tobacco products or cigarette papers or tubes condemned by a duly authorized official or rendered unmarketable, such tobacco products or cigarette papers or tubes shall be destroyed under such supervision as the Secretary or his delegate may prescribe, unless such tobacco products or cigarette papers or tubes were previously destroyed under supervision satisfactory to the Secretary or his delegate. "(d) OTHER LAWS APPLICABLE. All provisions of law, including penalties, applicable in respect of internal revenue taxes on tobacco products and cigarette papers and tubes shall, insofar as applicable and not inconsistent with this section, be applied in respect of the payments provided for in this section to the same extent as if such payments constituted refunds of such taxes." There was no corresponding section in the original Chapter 52. |