Page:United States Statutes at Large Volume 72 Part 1.djvu/1462

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64 Stat. 1109.

PUBLIC LAW 85-869-SEPT. 2, 1958

[72 S T A T.

or his delegate shall by regulation prescribe, makes and keeps, and files with the Secretary or his delegate, such records of inventories, sales, and purchases as may be prescribed in such regulations. "(c) PENALTY AND ADMINISTRATIVE PROCEDURES.—All provisions of law, including penalties, applicable in respect of internal revenue taxes on cigarettes shall, insofar as applicable and not inconsistent with this section, be applicable in respect of the credits and refunds provided for in this section to the same extent as if such credits or refunds constituted credits or refunds of such taxes. "SEC. 5708. LOSSES CAUSED BY DISASTER. " (a) AuTHORizATioN.-Where the President has determined under the Act of September 30, 1950 (42 U.S.C. sec. 1855), that a 'major disaster' as defined in such Act has occurred in any part of the United States, the Secretary or his delegate shall pay (without interest) an amount equal to the amount of the internal revenue taxes paid or determined and customs duties paid on tobacco products and cigarette papers and tubes removed, which were lost, rendered unmarketable, or condemned by a duly authorized official by reason of such disaster occurring in such part of the United States on and after the effective date of this section, if such tobacco products or cigarette papers or tubes were held and intended for sale at the time of such disaster. The payments authorized by this section shall be made to the person holding such tobacco products or cigarette papers or tubes for sale at the time of such disaster. " (b) CLAIMS.—No claim shall be allowed under this section unless— "(1) filed within 6 months after the date on which the President makes the determination that the disaster referred to in subsection (a) has occurred; and "(2) the claimant furnishes proof to the satisfaction of the Secretary or his delegate that— " (A) he was not indemnified by any valid claim of insurance or otherwise in respect of the tax, or tax and duty, on the tobacco products or cigarette papers or tubes covered by the claim, and " (B) he is entitled to payment under this section. Claims under this section shall be filed under such regulations as the Secretary or his delegate shall prescribe. " (c) DESTRUCTION OF TOBACCO PRODUCTS OR CIGARETTE PAPERS OR

TUBES.—Before the Secretary or his delegate makes payment under this section in respect of the tax, or tax and duty, on the tobacco products or cigarette papers or tubes condemned by a duly authorized official or rendered unmarketable, such tobacco products or cigarette papers or tubes shall be destroyed under such supervision as the Secretary or his delegate may prescribe, unless such tobacco products or cigarette papers or tubes were previously destroyed under supervision satisfactory to the Secretary or his delegate. " (d) OTHER LAWS APPLICABLE.—All provisions of law, including

penalties, applicable in respect of internal revenue taxes on tobacco products and cigarette papers and tubes shall, insofar as applicable and not inconsistent with this section, be applied in respect of the payments provided for in this section to the same extent as if such payments constituted refunds of such taxes.

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