Page:United States Statutes at Large Volume 104 Part 2.djvu/826

 104 STAT. 1388-418 PUBLIC LAW 101-508 —NOV. 5, 1990 as the Secretary shall require for purposes of this paragraph. (4) CREDIT AGAINST TAX.—Each dealer shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to— (A) $240 to the extent such taxes are attributable to distilled spirits, (B) $270 to the extent such taxes are attributable to wine, and (C) $87 to the extent such taxes are attributable to beer. Such credit shall not exceed the amount of taxes imposed by paragraph (1) with respect to distilled spirits, wine, or beer, as the case may be, for which the dealer is liable. (5) LIABILITY FOR TAX AND METHOD OF PAYMENT. — (A) LIABILITY FOR TAX. —A person holding any tax-in- creased article on January 1, 1991, to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) METHOD OF PAYMENT.—The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) TIME FOR PAYMENT.—The tax imposed by paragraph (1) shall be paid on or before June 30, 1991. (6) CONTROLLED GROUPS.— (A) CORPORATIONS. —In the case of a controlled group— (i) the 500 wine gallon amount specified in paragraph (3), and (ii) the $240, $270, and $87 amounts specified in paragraph (4), shall be apportioned among the dealers who are component members of such group in such manner as the Secretary shall by regulations prescribe. For purposes of the preceding sentence, the term "controlled group" has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase "more than 50 percent shall be substituted for the phrase "at least 80 percent" each place it appears in such subsection. (B) NONINCORPORATED DEALERS UNDER COMMON CON- TROL.—Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of dealers under common control where 1 or more of such dealers is not a corporation. (7) OTHER LAWS APPLICABLE. — (A) IN GENERAL. —All provisions of law, including penalties, applicable to the comparable excise tax with respect to any tax-increased article shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by the comparable excise tax. (B) COMPARABLE EXCISE TAX.— For purposes of subparagraph (A), the term "comparable excise tax" means— (i) the tax imposed by section 5001 of such Code in the case of distilled spirits, (ii) the tax imposed by section 5041 of such Code in the case of wine, and (iii) the tax imposed by section 5051 of such Code in the case of beer.

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