Page:United States Statutes at Large Volume 72 Part 1.djvu/1349

 72 S T A T. ]

PUBLIC LAW 86-859-8EPT. 2, 1968

1307

" (C) in the case of an overpayment under subsection (b) (2), (b)(3)(C) or (D), or (b)(4) of this section— " (i) has repaid or agreed to repay the amount of the tax to the utimate vendor of the article, or "(ii) has obtained the written consent of such ultimate vendor to the allowance of the credit or the making of the refund; or " (D) has filed with the Secretary or his delegate the written consent of the person referred to in subparagraph (B) (i), (ii), or (iii), as the case may be, to the allowance of the credit or the making of the refund. "(2) EXCEPTIONS.—This subsection shall not apply to— " (A) the tax imposed by section 4041(a)(2) or (b)(2) 26 USC 404i. (use of diesel and special motor fuels), and " (B) an overpayment of tax under paragraph (1), (3) (A) or (B), or (5) of subsection (b) of this section. "(3) SPECIAL RULES.—For purposes of this subsection— " (A) any tax collected under section 4231(6) from a 26 USC 4231. concessionaire and paid to the Secretary or his delegate shall be treated as paid by the concessionaire; " (B) if tax under chapter 31 was paid by a supplier pursuant to an agreement under section 6011(c), either the per- 26 USC 6011. son who (without regard to section 6011(c)) was required to return and pay the tax or the supplier may be treated as the person who paid the tax; " (C) in any case in which the Secretary or his delegate determines that an article is not taxable, the term 'ultimate purchaser' (when used in paragraph (1)(B) (ii) of this subsection) includes a wholesaler, jobber, distributor, or retailer who, on the 15th day after the date of such determination, holds such article for sale; but only if claim for credit or refund by reason of this subparagraph is filed on or before the day for filing the return with respect to the taxes imposed under chapter 32 for the first period which begins more than ^ ^6 USC 406I60 days after the date of such determination; and " (D) in applying paragraph (1)(C) to any overpayment under paragraph (2)(F), (3)(C) or (D), or (4) of subsection (b), the term 'ultimate vendor' means the ultimate vendor of the other article. " (b) SPECIAL CASES I N W H I C H TAX PAYMENTS CONSIDERED OVER-

PAYMENTS.—Under regulations prescribed by the Secretary or his delegate, credit or refund (without interest) shall be allowed or made in respect of the overpayments determined under the following paragraphs: " (1) PRICE READJUSTMENTS.—If the price of any article in re-

spect of which a tax, based on such price, is imposed by chapter 31 or 32, is readjusted by reason of the return or repossession of ^^26 USC 4001the article or a covering or container, or by a bona fide discount, rebate, or allowance, the part of the tax proportionate to the part of the price repaid or credited to the purchaser shall be deemed to be an overpayment. The preceding sentence shall not apply in the case of an article in respect of which tax was computed under section 4223(b)(2); but if the price for which such article was sold is readjusted by reason of the return or repossession of the article, the part of the tax proportionate to the part of such price repaid or credited to the purchaser shall be deemed to be an overpayment. "(2) SPECIFIED USES AND RESALES.—The tax paid under chapter 32 (or under section 4041(a)(1) or (b)(1)) in respect of 26use404i.

�