Page:United States Statutes at Large Volume 70.djvu/449

 70 S T A T. ]

PUBLIC LAW 627-JUNE 29, 1956

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the manufacturer, producer, or importer before July 1, 1957, by the dealer who held the article in respect of which the credit or refund is claimed, and, on or before August 10, 1957, reimbursement has been made to such dealer by such manufacturer, producer, or importer for the tax reduction on such article or written consent has been obtained from such dealer to allowance of such credit or refund. " (2) TRUCKS AND BUSES, TIRES, TREAD RUBBER, AND GASOLINE.—

Where before July 1, 1972, any article subject to the tax imposed 3-^" *•' PP* ^*^' by section 4061(a)(1), 4071 (a)(1) or (4), or 4081 has been sold by the manufacturer, producer, or importer and on such date is held by a dealer and has not been used and is intended for sale (or, in the case of tread rubber, is intended for sale or is held for use), there shall be credited or refunded (without interest) to the manufacturer, producer, or importer an amount equal to the difference between the tax paid by such manufacturer, producer, or importer on his sale of the article and the amount of tax made applicable to such article on and after July 1, 1972, if claim for such credit or refund is filed with the Secretary or his delegate on or before November 10, 1972, based upon a request submitted to the manufacturer, producer, or importer before October 1, 1972, by the dealer who held the article in respect of which the credit or refund is claimed, and, on or before November 10, 1972, reimbursement has been made to such dealer by such manufacturer, producer, or importer for the tax reduction on such article or written consent has been obtained from such dealer to allowance of such credit or refund. No credit or refund shall be allowable under this paragraph 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. " (3) DEFINITIONS.—For purposes of this section— " (A) The term 'dealer' includes a wholesaler, jobber, distributor, or retailer, or, in the case of tread rubber subject to tax under section 4071(a)(4), includes any person (other Ante, p, 389. than the manufacturer, producer, or importer thereof) who holds such tread rubber for sale or use. " (B) An article shall be considered as 'held by a dealer' if title thereto 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. " (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. " (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 Ante, PP. ass, 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." (b) SPECIAL CASES.—Section 6416(b)(2) (special cases in which ^ ' • ' P* ^ ' tax payments considered overpayments) is amended by striking out the period at the end of subparagraph (I) and inserting in lieu thereof a semicolon, and by adding at the end thereof the following: " (J) I n the case of a liquid in respect of which tax was ^ ' « ' P* 3*^* paid under section 4041(a)(1) at the rate of 3 cents a gal-

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