Page:United States Statutes at Large Volume 49 Part 1.djvu/1785

 174 0 74TH C ONGRESS. SESS. II. CH. 690. JUNE 22, 1936. char itab le di stri butio n or use, or the e xpor tatio n, o r the man ufact ure of large cotton bags, or the decrease in the rate of the processing tax (or its equivalent under section 16 (e) (3) ), took place prior to January 6, 1936. Restr ictio n on re- (b) Except for refunds under section 15 (a) of the Agricultural fun ds to proc essor lia- ble for tax on article on Adjustme nt Act, as ree nacted h erein, no refun d under this se ction wh ich clai m is bas ed. shall be made to the processor or other person who paid or was liable for the tax with respect to the articles on which the claim is based. No refund under this section shall be allowable to any person with respect to any articles where such person prior to January 6, 1936, paid an amount as tax under the Agricultural Adjustment Act, as' amended, by taking as a credit against such amount an amount otherwise allowable as a refund with respect to such articles under sections 15 (a), 15 (c), 16 (e) (1), 16 (e) (3), or 17 (a) of said Act. wiseoreimburse and if other- No ref und und er this section shall b e allow ed to an y perso n excep t to the extent that he establishes that he has not received, and is not entitled to receive, reimbursement of such amount from the processor or other vendor with respect to the articles on which the claim is ground No dis all owa nce tax as to a t rticle on based. No claim under this section (except claims of processors fr om whi ch processed under section 15 ( a)) shall be disallowed on the ground that the unpaid. tax with respect to the article or the commodity from which processed has not been paid. Filing claims, time limit, etc. (c) No refund under this section shall be made unless the claimant files a claim therefor prior to January 1, 1937, under rules and regu- lations prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury, and no claim shall be Ant e, pp. 769, 773. allowed in an amount less than $10. Sections 16 (g) and 21 (f) of the Agricultural Adjustment Act, as amended, are repealed. Findings of fact, math ematic al (d) In the absence of fraud, the findings of fact and the decision calcula- Lions, etc ., finality of. of the Commissioner of Internal Revenue upon the merits of any claim adjusted pursuant to this section and the mathematical calcu- lation therein shall not be subject to review by any administrative or accounting officer, employee, or agent of the United States. Determination wi th (e) The determination of the Commissioner of Internal Revenue re spect to refunds, finality of. with respect to any refund under this section shall be final and no court shall have jurisdiction to review such determination. Interest on refunds. (f) No interest shall be allowed in connection with any refund made under this section. Rate adjust ment. (g) Section 16 (e) (1) of the Agricultural Adjustment Act, as Ante, pp. 48, 769. reenacted by subsection (a) of this section, is amended by striking out "subseq uent to June 26, 1934" and by insertin g in li eu there of "on or after June 1, 1934". Floor stocks. SEC. 602. FLOOR STOCKS AS OF JANUARY 6, 1936. Holders, on Januar y ( a) There shall be paid to any person who, at the first moment of 6, 1936, of articles processed from com- January 6, 1936, held for sale or other disposition (including manu- mcdities subject to tax . facturing or further processing) any article processed wholly or in chie f value from a commodi ty subje ct to p rocessin g tax, an amoun t conditional pay- computed as provided in subsection (b), except that no such pay- ment. ment shall be made to the processor or other person who paid or was liable for the tax with respect to the articles on which the claim is based. Method of comput- (b) The amount of the payment under subsection (a) shall be ing refund. equal to the processing tax which would have been payable with respect to the commodity from which the article was processed, if Limitation. it had been processed on January 5, 1936, but not in excess of (1) the amount of the burden of the tax with respect to the article which was shifted to the claimant in the price he paid for the article (to the extent that the claimant has not received and is not