Page:United States Statutes at Large Volume 45 Part 1.djvu/916

 SEVENTIETH CO NGRE SS. SEss. I. Cu. 852. 1928 . 865 PART III-EXCISE TAXES EXCISE TAXES SEC. 421. AUTOMOBILE TAX. Automobile tax. Se cti on 600(1) of the Rev en ue Act of 192 6 is repealed. Vo p l. ea led 44,p .93, repealed SEC. 422. RE FUND OF AUTOMOB ILE TAX TO MAN UFACTUR ER, Refu nd of automo - PRO DUCER, OR IMP ORTER. bile tax. (a) Where prior to the date of the enactment of this Act any Refund or abate- ment on prior sale by article subject to the tax imposed by section 600(1) of the Revenue manufacturer, etc ., to Act of 1926 has been sold by the manufacturer, producer, or im- s a~eler, and held for porter, and is on such date held by a dealer and intended for sale, there shall be refunded to the manufacturer, producer, or importer the amount of the tax, or if the tax has not been paid, the tax shall be abated. b) As used in this section the term " dealer " includes a whole-dealerTerms c ons tru ed, ( " ." saler, jobber, or distributor. For the purposes of this section, an article shall be considered as "held by a dealer" if title th eret o "Held by dealer." has passed to such dealer (whether or not delivery to him has been made), and if for purposes of consumption title to such article or possession thereof has not at any time been transferred to any person other than a dealer. (c) Under regulations prescribed by the Commissioner, with the fu App licati on of re- approva appthe Secretary, the refund provided by this section (1) may be applied as a credit against the tax shown by subsequent ret urns of the manu factur er, p roduc er, o r impo rter, and (2) may be made to the dealer instead of to the manufacturer, producer, or importer, if the manufacturer, producer, or importer waives any claim for the amount so to be refunded. (d) When the refund, credi t, or abate ment provid ed fo r in this Manufacturer, etc ., > > to remit refund, etc ., to section has been allowed to the manufacturer, producer, or importer, dealer . he sha ll remit to the dealer t o whom w as sold the arti cle in r espect of which the refund, credi t, or abate ment was al lowed, so much of th at amount of the tax corresponding to the refund, credit, or abatement, as was paid or agreed to be paid by the dealer. Upon faiTueele damages for the failure of the manufacturer, producer, or importer to make such remiss ion he s hall be liable t o the de aler for damages in the amount of three times the amount thereof, and the court shall include in any judgmen t in fav or of th e dealer in any suit for the rec overy of such damages, costs of the suit and a reasonable attorney's fee to be fixed by the court. SEC. 423. REFUND OF AU TOMO BIL E TAX TO VENDEE. Refund to vendee. (a) If (1) any person has, prior to January 1, 1928, made a bona Contract for sale . y > > Vendor to refund tax fide contract with any other person for the sale or lease, after the to vendee if price in- cluded i n contrac t, and enactment of this Act, of any article in respect of which a tax 'IS deduction not permit- imposed by section 600(1) of the Revenue Act of 1926, and (2) the ted ther eby. contract price includes the amount of the tax imp osed by such section, and (3) such contract does not permit the deduction from the amount to be paid thereunder of the who le of the tax imposed by such section, then the vendor or lessor shall refund so much of the amount of such tax as is not so permitted to be deducted from the contract price. (b) Any refund by the vendo r or lessor under subsectio n (a) sale . Refund at time of shall be made at the time the sale or lease is consummated. Upon failure. damages on the failure of the vendor or lessor so to refund, he shall be liable to the vendee or lessee for damages in the amount of three times the amount of such refund, and the court shall include in any judgment in favor of the vendee or lessee in any suit for the recovery of such damages, costs of the suit and a reasonable attorney's fee to be fixed by the court.

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