Page:United States Statutes at Large Volume 92 Part 3.djvu/555

 PUBLIC LAW 95-618—NOV. 9, 1978

92 STAT. 3187

"(ii) section 6416(b)(2)(B) (relating to refund or 26 USC 6416. credit in case of certain uses), and "(iii) section 4041(g)(1) (relating to exemptions 26 USC 4041. from tax on special fuels)."

(2) SPECIAL MOTOR FUELS.—Subsection (b) of section 4041

(relating to special motor fuels) is amended by striking out the second and third sentences and inserting in lieu thereof the following: "In the case of a liquid taxable under this subsection sold for use, or used, in a qualified business use, the tax imposed by paragraph (1) or by paragraph (2) shall be 2 cents a gallon. If a liquid on which tax was imposed by paragraph (1) at the rate of 2 cents a gallon by reason of the preceding sentence is used otherwise than in a qualified business use, a tax of 2 cents a gallon shall be imposed under paragraph (2). For purposes of this subsection, the term 'qualified business use' has the meamng given to such term bj/^ section 6421(d)(3)." (3) LUBRICATING OIL.—Subsection (a) of section 6424 (relating to lubricating oil not used in highway motor vehicles) is amended by striking out "is used otherwise than in a highway motor vehicle" and inserting in lieu thereof "is used in a qualified business use (within the meaning of section 6421(d)(3))". (b) ETTECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to uses after December 31, 1978.

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26 USC 6421. 26 USC 6424.

26 USC 4041 °°*®-

PART III—PROVISIONS RELATED TO BUSES SEC. 231. REMOVAL OF EXCISE TAX ON BUSES. (a) GENERAL EuLE.—Paragraph (6) of section 4063(a) (relating to exemption for local transit buses) is amended to read as follows: " (6) BUSES.—The tax imposed under section 4061(a) shall not apply in the case of any automobile bus chassis or automobile bus body." (b) FLOOR STOCKS REruNDS.— (1) IN GENERAL.—Where, before the day after the date of the enactment of this Act, any tax-repealed article (as defined in subsection (e)) has been sold by the manufacturer, producer, or importer and on such day is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the manufacturer, producer, or importer an, amount equal to the tax paid by such manufacturer, producer, or importer on his sale of the article, if— (A) claim for such credit or refund is filed with the Secretary of the Treasury before the first day of the 10th calendar month beginning after the day after the date of the enactment of this Act based upon a request submitted to the manufacturer, producer, or importer before the first day of the 7th ..,, calendar month beginning after the day after the date of the enactment of this Act by the dealer who held the article in respect of which the credit or refunds is claimed; and (B) on or before the first day of such 10th calendar month reimbursement has been made to the dealer by the manufacturer, producer, or importer in an amount equal to the tax paid on the article or written consent has been obtained from the dealer to allowance of the credit or refund. (2) LIMITATION ON ELIGIBILITT FOR CREDIT OR REFUND.—No manufacturer, producer, or importer shall be entitled to credit or refund under paragraph (1) unless he has in his possession such

26 USC 4063. 26 USC 4061. 26 USC 4063 note.

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