Page:United States Statutes at Large Volume 72 Part 1.djvu/1474

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PUBLIC LAW 85-859-SEPT. 2, 1958

[72 S T A T.

on the withdrawal of spirits from the internal revenue bonded warehouse within 8 years from the date of original entry for deposit to a condition based on the withdrawal of spirits from the internal revenue bonded warehouse within 20 years from the date of original entry for deposit, or (B) a bond which applies to periods on and after the date of the enactment of this Act and which satisfies the requirements of the Internal Revenue Code of 1954, as amended by this section, and is conditioned on the withdrawal of spirits from the internal revenue bonded warehouse within 20 years from the date of original entry for deposit. SEC. 207. BEER LOST BY REASON OF FLOODS OF 1951 OR HURRICANES OF 1954. (a) AUTHORIZATION.—The Secretary of the Treasury or his delegates shall pay (without interest) to the person specified in subsection (b) an amount equal to the amount of the internal revenue tax 3150."^^ ^^^' paid under section 3150(a) of the Internal Revenue Code of 1939 on any fermented malt liquor which was lost, rendered unmarketable, or condemned by a duly authorized health official of the United States or of a State, by reason of the floods of 1951 or the hurricanes of 1954. (b) CONDITIONS.—The payment provided by subsection (a) shall be made only if— (1) such fermented malt liquor was lost, rendered unmarketable, or condemned while in the possession of (A) the person who paid such tax, or (B) a dealer selling fermented malt liquor at wholesale or retail; (2) the person paying the tax, or a dealer specified in paragraph (1)(B), files a claim for such payment with the Secretary of the Treasury or his delegate within 6 months after the effective date of this section; and (3) the person filing such claim furnishes proof establishing to the satisfaction of the Secretary of the Treasury or his delegate (A) that the internal revenue tax on such fermented malt liquor was fully paid, (B) that such fermented malt liquor was lost, rendered unmarketable, or condemned, by reason of the floods of 1951 or the hurricanes of 1954, (C) in the case of fermented malt liquor rendered unmarketable or condemned, that such liquor has been destroyed, (D) that the claimant was not indemnified against loss of the tax by any valid claim of insurance or otherwise, and (E) if the claimant was not the possessor of the fermented malt liquor at the time it was so lost, rendered unmarketable, or condemned, (i) that such claimant has either reimbursed such possessor for the full cost of such fermented malt liquor, or has replaced for such possessor the full equivalent thereof, without receiving payment or credit of any kind in respect of the tax on such fermented malt liquor, and (ii) that such possessor was not indemnified against loss of the tax by any valid claim of insurance or otherwise (other than by such reimbursement or replacement by the claimant). (c) REGUI^TIONS.—The Secretary of the Treasury or his delegate may prescribe such regulations as may be necessary to carry out the provisions of this section. SEC. 208. LOSSES OF ALCOHOLIC LIQUORS CAUSED BY DISASTER. (a) AUTHORIZATION.—Where the President has determined under 64 Stat. 1109. 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 of the Treasury or his delegate shall pay (without interest) to the person specified in subsection (b) an amount equal to the amount of the internal revenue taxes paid or determined and

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