Public Law 95–423

In General.—

So much of section 5064 of the Internal Revenue Code of 1954 (relating to losses caused by disaster) as precedes subsection

26 USC 5064.

(c) is amended to read as follows:

“SEC. 5064. LOSSES RESULTING FROM DISASTER, VANDALISM, OR MALICIOUS MISCHIEF.

“(a)“(a)

Payments.—

The Secretary, under such regulations as he may

Regulations.

prescribe, shall pay (without interest) an amount equal to the amount of the internal revenue taxes paid or determined and customs duties paid on distilled spirits, wines, rectified products, and beer previously withdrawn, which were lost, rendered unmarketable, or condemned by a duly authorized official by reason of—

“(1)“(1)

fire, flood, casualty, or other disaster, or

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“(2)“(2)

breakage, destruction, or other damage (but not including theft) resulting from vandalism or malicious mischief,

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if such disaster or damage occurred in the United States and if such distilled spirits, wines, rectified products, or beer were held and intended for sale at the time of such disaster or other damage. The payments provided for in this section shall be made to the person holding such distilled spirits, wines, rectified products, or beer for sale at the time of such disaster or other damage.

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“(b)“(b)

Claims.—

“(1)“(1)

Period for making claim; proof.—

No claim shall be allowed under this section unless—

“(A)“(A)

filed within 6 months after the date on which such distilled spirits, wines, rectified products, or beer were lost, rendered unmarketable, or condemned by a duly authorized official, and

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“(B)“(B)

the claimant furnishes proof satisfactory to the Secretary that the claimant—

“(i)“(i)

was not indemnified by any valid claim of insurance or otherwise in respect of the tax, or tax and duty, on the distilled spirits, wines, rectified products, or beer covered by the claim; and

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“(ii)“(ii)

is entitled to payment under this section.

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“(2)“(2)

Minimum claim.—

Except as provided in paragraph (3) (A), no claim of less than $250 shall be allowed under this section with respect to any disaster or other damage (as the case may be).

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“(3)“(3)

Special rules for major disasters.—

If the President has determined under the Disaster Relief Act of 1974 that a ‘major

42 USC 5121 note.

disaster’ (as defined in such Act) has occurred in any part of the United States, and if the disaster referred to in subsection (a) (1) occurs in such part of the United States by reason of such major disaster, then—

“(A)“(A)

paragraph (2) shall not apply, and

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“(B)“(B)

the filing period set forth in paragraph (1) (A) shall not expire before the day which is 6 months after the date on which the President makes the determination that such major disaster has occurred.

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“(4)“(4)

Regulations.—

Claims under this section shall be filed under such regulations as the Secretary shall prescribe.”.

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(b)(b)

Clerical Amendment.—

The table of sections for subpart E of part I of subchapter A of chapter 51 of such Code is amended by striking out the item relating to section 5064 and inserting in lieu thereof the following:

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(c)(c)

Effective Date.—

The amendments made by this section shall

26 USC 5064 note.

apply to disasters (or other damage) occurring on or after the first day of the first calendar month which begins more than 90 days after the date of the enactment of this Act.

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