§ 4162. Definitions; treatment of certain resales

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Tax Reform Act of 1984

   Pub. L. 98–369 div. A title X § 1015(b) · 98 Stat. 494

   Enacted · 26 U.S.C. § 4162

   Added Pub. L. 98–369, div. A, title X, § 1015(b), July 18, 1984, 98 Stat. 1017

   Source evidence

   Code source credit
   Added Pub. L. 98–369, div. A, title X, § 1015(b), July 18, 1984, 98 Stat. 1017

   Enacted provision · exact public law section
   (b) Definition of Sport Fishing Equipment, Etc.— Part I of subchapter D of chapter 32 is amended by adding at the end thereof the following new section: “SEC. 4162. DEFINITIONS; TREATMENT OF CERTAIN RESALES. “(a) Sport Fishing Equipment Defined.— For purposes of this part, the term ‘sport fishing equipment’ means— “(1) fishing rods and poles (and component parts therefor), “(2) fishing reels, “(3) fly fishing lines, and other fishing lines not over 130 pounds test, “(4) fishing spears, spear guns, and spear tips, “(5) items of terminal tackle, including— “(A) leaders, “(B) artificial lures, “(C) artificial baits, “(D) artificial flies, “(E) fishing hooks, “(F) bobbers, “(G) sinkers, “(H) snaps, “(I) drayles, and “(J) swivels, but not including natural bait or any item of terminal tackle designed for use and ordinarily used on fishing lines not described in paragraph (3), and “(6) the following items of fishing supplies and accessories— “(A) fish stringers, “(B) creels, “(C) tackle boxes, “(D) bags, baskets, and other containers designed to hold fish, “(E) portable bait containers, “(F) fishing vests, “(G) landing nets, “(H) gaff hooks, “(I) fishing hood disgorgers, and “(J) dressing for fishing lines and artificial flies, “(7) fishing tip-ups and tilts, “(8) fishing rod belts, fishing rodholders, fishing harnesses, fish fighting chairs, fishing outriggers, and fishing downriggers, “(9) electric outboard boat motors, and “(10) sonar devices suitable for finding fish. “(b) Sonar Device Suitable for Finding Fish.— For purposes of this part, the term ‘sonar device suitable for finding fish’ shall not include any sonar device which is— “(1) a graph recorder, “(2) a digital type, “(3) a meter readout, or “(4) a combination graph recorder or combination meter readout. “(c) Treatment of Certain Resales.— “(1) In general.— If— “(A) the manufacturer, producer, or importer sells any Ante, p. 1017. article taxable under section 4161(a) to any person, “(B) the constructive sale price rules of section 4216(b) do not apply to such sale, and “(C) such person (or any other person) sells such article to a related person with respect to the manufacturer, producer, or importer, then such related person shall be liable for tax under section 4161 in the same manner as if such related person were the manufacturer of the article. “(2) Credit for tax previously paid.— If— “(A) tax is imposed on the sale of any article by reason of paragraph (1), and “(B) the related person establishes the amount of the tax which was paid on the sale described in paragraph (1)(A), the amount of the tax so paid shall be allowed as a credit against the tax imposed by reason of paragraph (1). “(3) Related person.— For purposes of this subsection, the term ‘related person* has the meaning given such term by section 168(e)(4)(D). “(4) Regulations.— Except to the extent provided in regulations, rules similar to the rules of this subsection shall also apply in cases (not described in paragraph (D) in which intermediaries or other devices are used for purposes of reducing the amount of the tax imposed by section 4161(a).”

2. 1986

   Tax Reform Act of 1986

   Pub. L. 99–514 § 1878(b) · 100 Stat. 2085

   1. Amended · 26 U.S.C. § 4162(a)(6)(I)

      Pub. L. 99–514, § 1878(b), amended subpar. (I) generally

   2. Substituted · 26 U.S.C. § 4162(a)(6)(I)

      Pub. L. 99–514, § 1878(b), substituting “hook” for “hood”

   Source evidence

   Code amendment note
   Subsec. (a)(6)(I). Pub. L. 99–514, § 1878(b), amended subpar. (I) generally, substituting “hook” for “hood”.

   Enacted provision · exact public law section
   (b) Amendment Related to Section 1015 of the Act.— Subparagraph (I) of section 4162(a)(6) (defining sport fishing equipment) is amended to read as follows: “(I) fishing hook disgorgers, and”.

3. 1986

   Tax Reform Act of 1986

   Pub. L. 99–514 § 201(d)(7)(C) · 100 Stat. 2085

   Substituted · 26 U.S.C. § 4162(c)(3)

   Pub. L. 99–514, § 201(d)(7)(C), (12), made identical amendments, substituting “section 465(b)(3)(C)” for “section 168(e)(4)(D)”

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 99–514, § 201(d)(7)(C), (12), made identical amendments, substituting “section 465(b)(3)(C)” for “section 168(e)(4)(D)”.

   Enacted provision · exact public law section
   (C) Section 4162(c)(3) is amended by striking out “section 168(e)(4)(D)” and inserting in lieu thereof “section 465(b)(3)(C)”.

4. 2004

   Pub. L. 108–357 § 334(a) · 118 Stat. 1418

   1. Inserted · 26 U.S.C. § 4162(a)(8)(10)

      Pub. L. 108–357, § 334(a), inserted “and” at end of par. (8)

   2. Substituted · 26 U.S.C. § 4162(a)(8)(10)

      Pub. L. 108–357, § 334(a), substituted a period for “, and” at end of par. (9)

   3. Struck · 26 U.S.C. § 4162(a)(8)(10)

      Pub. L. 108–357, § 334(a), struck out par. (10) which read as follows: “sonar devices suitable for finding fish.”

   Source evidence

   Code amendment note
   Subsec. (a)(8) to (10). Pub. L. 108–357, § 334(a), inserted “and” at end of par. (8), substituted a period for “, and” at end of par. (9), and struck out par. (10) which read as follows: “sonar devices suitable for finding fish.”

   Enacted provision · exact public law section
   (a) Not Treated as Sport Fishing Equipment.— Subsection (a) of section 4162 (relating to sport fishing equipment defined) is amended by inserting “and” at the end of paragraph (8), by striking “, and” at the end of paragraph (9) and inserting a period, and by striking paragraph (10).

   Effective date note
   Pub. L. 108–357, title III, § 334(c), Oct. 22, 2004, 118 Stat. 1478, provided that: “The amendments made this section [amending this section] shall apply to articles sold by the manufacturer, producer, or importer after December 31, 2004.”

5. 2004

   Pub. L. 108–357 § 334(b) · 118 Stat. 1418

   1. Redesignated · 26 U.S.C. § 4162(b); 26 U.S.C. § 4162(c)

      Pub. L. 108–357, § 334(b), redesignated subsec. (c) as (b)

   2. Struck · 26 U.S.C. § 4162(b); 26 U.S.C. § 4162(c)

      Pub. L. 108–357, § 334(b), struck out heading and text of former subsec. (b). Text read as follows: “For purposes of this part, the term ‘sonar device suitable for finding fish’ shall not include any sonar device which is—

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 108–357, § 334(b), redesignated subsec. (c) as (b) and struck out heading and text of former subsec. (b). Text read as follows: “For purposes of this part, the term ‘sonar device suitable for finding fish’ shall not include any sonar device which is—

   “(1) a graph recorder, “(2) a digital type, “(3) a meter readout, or “(4) a combination graph recorder or combination meter readout.”

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 4162 is amended by striking subsection (b) and by redesignating subsection (c) as subsection (b).

   Effective date note
   Pub. L. 108–357, title III, § 334(c), Oct. 22, 2004, 118 Stat. 1478, provided that: “The amendments made this section [amending this section] shall apply to articles sold by the manufacturer, producer, or importer after December 31, 2004.”

9 of 9 references resolved to an enrolled provision