I.R.C. § 6423(a) Conditions
No credit or refund shall be allowed or made, in pursuance of a court decision or
otherwise, of any amount paid or collected as an alcohol or tobacco tax unless the
claimant establishes (under regulations prescribed by the Secretary)—
I.R.C. § 6423(a)(2)
that he has unconditionally repaid the amount claimed to the person who bore the
ultimate burden of such amount; or
I.R.C. § 6423(a)(3)
that (A) the owner of the commodity furnished him the amount claimed for payment
of the tax, (B) he has filed with the Secretary the written consent of such owner
to the allowance to the claimant of the credit or refund, and (C) such owner satisfies
the requirements of paragraph (1) or (2).
I.R.C. § 6423(b) Filing Of Claims
No credit or refund of any amount to which subsection
(a) applies shall be allowed or made unless a claim therefor has been filed by the
person who paid the amount claimed, and unless such claim is filed within the time
prescribed by law and in accordance with regulations prescribed by the Secretary.
All evidence relied upon in support of such claim shall be clearly set forth and
submitted with the claim.
I.R.C. § 6423(c) Application Of Section
This section shall apply only if the credit or refund is claimed on the grounds
that an amount of alcohol or tobacco tax was assessed or collected erroneously, illegally,
without authority, or in any manner wrongfully, or on the grounds that such amount
was excessive. This section shall not apply to—
I.R.C. § 6423(c)(2)
any claim made in accordance with any law expressly providing for credit or refund
where a commodity is withdrawn from the market, returned to bond, or lost or destroyed.
I.R.C. § 6423(d) Meaning Of Terms
For purposes of this section—
I.R.C. § 6423(d)(1) Alcohol Or Tobacco Tax
The term “alcohol or tobacco tax” means—
I.R.C. § 6423(d)(1)(A)
any tax imposed by chapter 51 (other than part II of subchapter A, relating to occupational
taxes) or by chapter 52 or by any corresponding provision of prior internal revenue
I.R.C. § 6423(d)(1)(B)
in the case of any commodity of a kind subject to a tax described in subparagraph
(A), any tax equal to any such tax, any additional tax, or any floor stocks tax.
I.R.C. § 6423(d)(2) Tax
The term “tax” includes a tax and an exaction denominated a “tax”,
and any penalty, addition to tax, additional amount, or interest applicable to any
I.R.C. § 6423(d)(3) Ultimate Burden
The claimant shall be treated as having borne the ultimate burden of an amount of
an alcohol or tobacco tax for purposes of subsection (a)(1), and the owner referred
to in subsection (a)(3)
shall be treated as having borne such burden for purposes of such subsection, only
I.R.C. § 6423(d)(3)(A)
he has not, directly or indirectly, been relieved of such burden or shifted such
burden to any other person,
I.R.C. § 6423(d)(3)(C)
if he has neither sold nor contracted to sell the commodities involved in such claim,
he agrees that there will be no such relief or shifting, and furnishes such bond
as the Secretary may require to insure faithful compliance with his agreement.
(Added Pub. L. 85-323, 1, Feb. 11, 1958, 72 Stat. 9, and amended Pub. L. 94-455, title XIX, 1906(a)(29), (b)(13)(A), Oct. 4, 1976, 90 Stat. 1828, 1834.)
1976--Subsec. (a). Pub. L. 94-455, 1906(b)(13)(A), struck out “or his delegate” after “Secretary"
Subsec. (b). Pub. L. 94-455, 1906(a)(29)(A), among other changes, struck out provisions allowing any claimant
who has on or before Apr. 30, 1958, filed a claim for any amount to which subsec.
(a) applies, may file a superseding claim after Apr. 30, 1958, conforming to the requirements
of this section and covering the amount claimed in such prior claim.
Subsec. (c). Pub. L. 94-455, 1906(a)(29)(B), (C), redesignated subsec. (d) as (c) and struck out par. (3) relating
to any amount claimed with respect to a commodity which has been lost, where a suit
or proceeding was instituted before June 15, 1957. Former subsec. (c), relating to
disallowance of any suit or proceeding which was barred on Apr. 30, 1958, was struck
Subsecs. (d), (e). Pub. L. 94-455, 1906(a)(29)(B),
(b)(13)(A), redesignated subsec. (e) as (d) and struck out “or his delegate”
after “Secretary”. Former subsec. (d) redesignated (c).
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-455 effective on the first day of the first month which begins more than 90 days after
Oct. 4, 1976, see section 1906(d)(1) of Pub. L. 94-455, set out as a note under section 6013 of this title.
Section 3 of Pub. L. 85-323 provided that this section shall not apply to any credit or refund allowed or made
before May 1, 1958.
[6424. Repealed. Pub. L. 97-424, title V, 515(b)(5), Jan. 6, 1983, 96 Stat. 2181]
Section, added Pub. L. 89-44, title II, 202(b), June 21, 1965, 79 Stat. 137, and amended Pub. L. 91-258, title II, 207(b), May 21, 1970, 84 Stat. 248; Pub. L. 94-455, title XIX, 1906(a)(30),
(b)(13)(A), Oct. 4, 1976, 90 Stat. 1828, 1834; Pub. L. 95-618, title II, 222(a)(3), 233(b)(1), (2)(A), Nov. 9, 1978, 92 Stat. 3187, 3191;
Pub. L. 97-473, title II, 202(b)(13), Jan. 14, 1983, 96 Stat. 2610, had provided for payments by the Secretary of an amount equal to 6 cents for each
gallon of lubricating oil used in a qualified business use or in a qualified bus to
certain ultimate purchasers of the lubricating oil.
Repeal applicable with respect to articles sold after Jan. 6, 1983, see section 515(c)
of Pub. L. 97-424, set out as an Effective Date of 1983 Amendment note under section 34 of this title.