[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31028-31035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14853]



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[[Page 31029]]

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 24, 70, and 170

[T.D. ATF 376]
RIN 1512-AB44


Miscellaneous Regulations Relating to Liquor (95R-039P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Final rule, Treasury decision.

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SUMMARY: ATF is amending its regulations by transferring Subparts E and 
O from 27 CFR Part 170 to 27 CFR Part 70, and redesignating these 
regulations as Subparts F and G respectively within Part 70. 27 CFR 
Part 170, Subpart E contains regulations which implement 26 U.S.C. 6423 
relating to certain refunds or credits of tax on distilled spirits, 
wines, and beer. Subpart O contains regulations which implement 26 
U.S.C. 5064 relating to payments for losses of distilled spirits, 
wines, and beer due to disaster, vandalism, or malicious mischief.
    ATF has also reviewed the regulations within 27 CFR Part 170, 
Subpart E and determined that the bonding requirements provided for in 
Secs. 170.94-170.99 are no longer needed. Consequently, these bonding 
provisions have been eliminated.

EFFECTIVE DATE: September 17, 1996.

FOR FURTHER INFORMATION CONTACT: Daniel J. Hiland, Wine, Beer and 
Spirits Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, 
650 Massachusetts Avenue, NW., Washington, DC 20226 (202-927-8210).

SUPPLEMENTARY INFORMATION:

Background

    On February 21, 1995, President Clinton announced a regulatory 
reform initiative. As part of this initiative, each Federal agency was 
instructed to conduct a page by page review of all agency regulations 
to identify those which are obsolete or burdensome and those whose 
goals could be better achieved through the private sector, self-
regulation or state and local governments. In cases where the agency's 
review disclosed regulations which should be revised or eliminated, the 
agency would, as soon as possible, propose administrative changes to 
its regulations.
    The page by page review of all regulations was completed as 
directed by the President. In addition, on April 13, 1995 the Bureau 
published a notice in the Federal Register requesting comments from the 
public regarding which ATF regulations could be improved or eliminated. 
As a result of both the Bureau's analysis of its regulations, and from 
the public comments received, a number of regulatory initiatives were 
developed which are intended to accomplish the President's goals.

Transfer of Subparts E and O

    This Treasury decision implements one of the regulatory initiatives 
identified by ATF personnel, the transfer of regulations found in 27 
CFR Subparts E and O from Part 170 to 27 CFR Part 70.
    These two subparts were located within 27 CFR Part 170, which 
contains miscellaneous regulations relating to liquor. The Bureau has 
determined that the placement of this information in a miscellaneous 
part within 27 CFR is not appropriate and not easily accessible to 
persons seeking information regarding claims, refunds, and credits. The 
Bureau has decided that since much of this type of information is 
already located within Part 70, Procedures and Practices, it would be 
more appropriate to transfer these two subparts to 27 CFR Part 70.

Elimination of Bond

    This Treasury decision also eliminates a bonding requirement 
relating to certain claims filed under 26 U.S.C. 6423. The regulations 
at 27 CFR Part 170, Subpart E contain provisions whereby a claim, for 
refund or credit of tax on articles which the claimant or owner has 
neither sold nor contracted to sell at the time of filing of the claim 
under 26 U.S.C. 6423, must be accompanied by a bond on Form 2490. ATF 
has reviewed the background and legislative history surrounding Section 
6423 and determined that this bonding provision is no longer needed in 
the regulations.
    ATF finds that this bonding provision dates back to the passage of 
Public Law 85-323 in 1958. At that time, the tax law required 
distillers to remove distilled spirits from bond after a period of 
eight years and pay the distilled spirits tax on the spirits so 
removed. Distillers filed suit against the Government because they 
considered this law unconstitutional. In addition, many distillers 
filed claims for refund of taxes paid on spirits which they were 
required to remove from bond.
    In response to these actions, Congress passed Public Law 85-323 
which added Section 6423 to the Internal Revenue Code. The purpose of 
this section was to prevent claimants from realizing a windfall gain 
from the possible credit or refund of tax in those instances where 
someone else bore the ultimate burden for the tax. The provisions of 
Section 6423 set certain conditions for payment of such refunds or 
credits. Generally, these provisions required that the claimant 
establish that he bore the ultimate burden for the tax claimed. Section 
6423 also provided that, where the taxed commodities had not yet been 
sold, the claimant must agree not to shift the burden of the tax, or to 
seek relief from it, and the Secretary could require filing of a bond 
to guarantee compliance with this agreement. A bonding requirement was 
incorporated into ATF's regulations.
    The bonding provision was intended to cover spirits which the 
distiller withdrew from bond and taxpaid, but had not yet marketed. Any 
person filing a claim for spirits which were not yet marketed was 
required to provide a bond to ensure compliance with the agreement that 
they would not also shift the tax burden for the spirits to another 
person after the claim was filed.
    Ultimately, the court ruled in favor of the Government and the 
claims filed by the various distillers were denied. See Schenley 
Distillers, Inc. v. United States, 255 F.2d 334 (3rd Cir. 1958), cert. 
denied, 358 U.S. 835 (1958). Later, the tax law was amended, and the 
requirement to withdraw spirits from bond after eight years was 
eliminated from the law.
    Under current law, it would be unusual for a claimant to file a 
request for credit or refund on a product which had been taxpaid, but 
not yet marketed, since products are generally sold immediately after 
removal from bond. Since the circumstances which brought about this 
bonding provision have changed, and the bond is not required by law, 
ATF has decided to remove the bonding requirement from the regulations. 
ATF has determined that elimination of the bonding requirement will not 
jeopardize the revenue.

Miscellaneous

    The transfer of two subparts of regulations from 27 CFR Part 170 to 
Part 70 affects references to refund and claim procedures found in 
several sections of 27 CFR Part 24. Therefore, this Treasury decision 
also makes minor technical amendments to 27 CFR Part 24 whereby 
references to provisions formerly found in 27 CFR Part 170 will now 
refer to 27 CFR Part 70.

Executive Order 12866

    It has been determined that this final rule is not a significant 
regulatory action as defined by Executive Order 12866.

[[Page 31030]]

Accordingly, this final rule is not subject to the analysis required by 
this Executive Order.

Regulatory Flexibility Act

    The provisions of the Regulatory Flexibility Act relating to a 
final regulatory flexibility analysis (5 U.S.C. 604) are not applicable 
to this final rule because the agency was not required to publish a 
general notice of proposed rulemaking under 5 U.S.C. 553 or any other 
law. A copy of this final rule has been submitted to the Administrator 
of the Small Business Administration for comment on the impact of such 
regulations on small business, pursuant to 26 U.S.C. 7805(f).

Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1980, Pub. L. 96-
511, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR Part 
1320, do not apply to this notice because no new requirement to collect 
information is imposed. This final rule only transfers two Subparts 
from 27 CFR Part 170 to 27 CFR Part 70.

Administrative Procedure Act

    Because this final rule merely makes technical amendments and 
conforming changes to improve the clarity of the regulations, it is 
unnecessary to issue this final rule with notice and public procedure 
under 553(b).

    Drafting Information: The principal author of this document is 
Daniel J. Hiland, Wine, Beer and Spirits Regulations Branch, Bureau 
of Alcohol, Tobacco and Firearms.

List of Subjects

27 CFR Part 24

    Administrative practice and procedure, Authority delegations, 
Claims, Electronic fund transfers, Excise taxes, Exports, Food 
additives, Fruit juices, Labeling, Liquors, Packaging and containers, 
Reporting and recordkeeping requirements, Research, Scientific 
equipment, Spices and flavorings, Surety bonds, Taxpaid wine bottling 
house, Transportation, Vinegar, Warehouses, Wine.

27 CFR Part 70

    Administrative practice and procedure, Authority delegations, 
Claims, Customs duties and inspection, Disaster assistance, Excise 
taxes, Government employees, Law enforcement, Law enforcement officers.

27 CFR Part 170

    Alcohol and alcoholic beverages, Authority delegations, Customs 
duties and inspection, Labeling, Liquors, Penalties, Reporting 
requirements, Wine.

Issuance

    Chapter I of title 27, Code of Federal Regulations is amended as 
follows:

PART 24--WINE

    Par. 1. The authority citation for part 24 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001, 5008, 5041, 5042, 
5044, 5061, 5062, 5081, 5111-5113, 5121, 5122, 5142, 5143, 5173, 
5206, 5214, 5215, 5351, 5353, 5354, 5356, 5357, 5361, 5362, 5364-
5373, 5381-5388, 5391, 5392, 5511, 5551, 5552, 5661, 5662, 5684, 
6065, 6091, 6109, 6301, 6302, 6311, 6651, 6676, 7011, 7302, 7342, 
7502, 7503, 7606, 7805, 7851; 31 U.S.C. 9301, 9303, 9304, 9306.

    Par. 2. Section 24.65(c) is revised to read as follows:


Sec. 24.65   Claims for wine or spirits lost or destroyed in bond.

* * * * *
    (c) Claim for abatement, credit or refund. A claim for an abatement 
of an assessment under Sec. 24.61, or credit or refund of tax which has 
been paid or determined, will be filed with the regional director 
(compliance) in accordance with the provisions of this paragraph and 
the provisions of 27 CFR part 70, subpart F. A claim filed under this 
paragraph with respect to spirits, wine, or volatile fruit-flavor 
concentrate, will set forth the applicable information required by 
paragraphs (a) and (b) of this section. In addition, any claim filed 
under this paragraph will set forth the following information:
    (1) The date of the assessment for which abatement is claimed; and
    (2) The name, registry number, and address of the premises where 
the tax was assessed (or name, address, and title of any other person 
who was assessed the tax, if the tax was not assessed against the 
proprietor).
* * * * *
    Par. 3. Section 24.67 is amended by revising paragraphs (b) and (c) 
to read as follows:


Sec. 24.67   Other Claims.

* * * * *
    (b) Refund or credit of any tax imposed on wine or other liquors by 
26 U.S.C. chapter 51, part I, subchapter A, on the grounds that an 
amount of tax was assessed or collected erroneously, illegally, without 
authority, or in any manner wrongfully, or on the grounds that the 
amount was excessive, are contained in 27 CFR part 70 subpart F.
    (c) Payment of an amount equal to the internal revenue tax paid or 
determined and customs duties paid on wines or other liquors previously 
withdrawn, which are lost, rendered unmarketable, or condemned by a 
duly authorized official as a result of
    (1) A major disaster,
    (2) Fire, flood, casualty, or other disaster, or
    (3) Breakage, destruction, or damage (excluding theft) resulting 
from vandalism or malicious mischief, are found in 27 CFR part 70, 
subpart G.
    Par. 4. Section 24.295(a) is revised to read as follows:


Sec. 24.295   Return of unmerchantable wine to bond.

    (a) General. Wine produced in the United States which has been 
taxpaid, removed from bonded wine premises, and subsequently determined 
to be unmerchantable may be returned to bonded wine premises for 
reconditioning, reformulation or destruction. The tax paid on United 
States wine may, when such wine is returned to bond, be refunded or 
credited, without interest, to the proprietor of the bonded wine 
premises to which such wine is delivered. However, no tax paid on any 
United States wine for which a claim has been or will be made under the 
provisions of 27 CFR Part 70, subpart G will be refunded or credited. 
If the tax on the United States wine has been determined but not paid, 
the person liable for the tax may, when such wine is returned to bond, 
be relieved of the liability. Claims for refund or credit, or relief 
from tax paid or determined on United States wine returned to bond are 
filed in accordance with Sec. 24.66.
* * * * *

PART 70--PROCEDURE AND ADMINISTRATION

    Par. 5. The authority citation for part 70 is revised to read as 
follows:

    Authority: 5 U.S.C. 301 and 552; 26 U.S.C. 4181, 4182, 5064, 
5146, 5203, 5207, 5275, 5367, 5415, 5504, 5555, 5684(a), 5741, 
5761(b), 6020, 6021, 6064, 6102, 6155, 6159, 6201, 6203, 6204, 6301, 
6303, 6311, 6313, 6314, 6321, 6323, 6325, 6326, 6331-6343, 6401-
6404, 6407, 6416, 6423, 6501-6503, 6511, 6513, 6514, 6532, 6601, 
6602, 6611, 6621, 6622, 6651, 6653, 6656, 6657, 6658, 6665, 6671, 
6672, 6701, 6723, 6801, 6862, 6863, 6901, 7011, 7101, 7102, 7121, 
7122, 7207, 7209, 7214, 7304, 7401, 7403, 7406, 7423, 7424, 7425, 
7426, 7429, 7430, 7432, 7502, 7503, 7505, 7506, 7513, 7601-7606, 
7608-7610, 7622, 7623, 7653, 7805.

Penalties

70.610  Penalties.

    Par. 6. Section 70.1 is revised to read as follows:

[[Page 31031]]

Sec. 70.1  General.

    (a) The regulations in Subparts C, D, and E of this part set forth 
the procedural and administrative rules of the Bureau of Alcohol, 
Tobacco and Firearms for:
    (1) The issuance and enforcement of summonses, examination of books 
of account and witnesses, administration of oaths, entry of premises 
for examination of taxable objects, granting of rewards for 
information, canvass of regions for taxable objects and persons, and 
authority of ATF officers.
    (2) The use of commercial banks for payment of excise taxes imposed 
by 26 U.S.C. Subtitles E and F.
    (3) The preparing or executing of returns; deposits; payment on 
notice and demand; assessment; abatements, credits and refunds; 
limitations on assessment; limitations on credit or refund; periods of 
limitation in judicial proceedings; interest; additions to tax, 
additional amounts, and assessable penalties; enforced collection 
activities; authority for establishment, alteration, and distribution 
of stamps, marks, or labels; jeopardy assessment of alcohol, tobacco, 
and firearms taxes, and registration of persons paying a special tax.
    (4) Distilled spirits, wines, beer, tobacco products, cigarette 
papers and tubes, firearms, ammunition, and explosives.
    (b) The regulations in Subpart F of this part relate to the 
limitations imposed by 26 U.S.C. 6423, on the refund or credit of tax 
paid or collected in respect to any article of a kind subject to a tax 
imposed by Part I, Subchapter A of Chapter 51, I.R.C., or by any 
corresponding provision of prior internal revenue laws.
    (c) The regulations in Subpart G of this part implement 26 U.S.C. 
5064, which permits payments to be made by the United States for 
amounts equal to the internal revenue taxes paid or determined and 
customs duties paid on distilled spirits, wines, and beer, previously 
withdrawn, that were lost, made unmarketable, or condemned by a duly 
authorized official as a result of disaster, vandalism, or malicious 
mischief. This subpart applies to disasters or other specified causes 
of loss, occurring on or after February 1, 1979. This subpart does not 
apply to distilled spirits, wines, and beer manufactured in Puerto Rico 
and brought into the United States.
    Par. 7. Section 70.2 is added to read as follows:


Sec. 70.2  Forms prescribed.

    (a) The Director is authorized to prescribe all forms required by 
this part. All of the information called for in each form shall be 
furnished as indicated by the headings on the form and the instructions 
on or pertaining to the form. In addition, information called for in 
each form shall be furnished as required by this part.
    (b) Requests for forms should be mailed to the ATF Distribution 
Center, P.O. Box 5950, Springfield, Virginia 22153-5950.
    Par. 8. Section 70.411 is amended by revising paragraph (c)(2) to 
read as follows:


Sec. 70.411  Imposition of taxes, qualification requirements, and 
regulations.

* * * * *
    (c) * * *
    (2) Miscellaneous liquor transactions. Part 170 of 27 CFR contains 
miscellaneous regulations relative to:
    (i) Manufacture, removal, and use of stills and condensers, and to 
the notice, registration, and recordkeeping requirements therefor;
    (ii) Manufacture and sale of certain compounds, preparations, and 
products containing alcohol;
* * * * *
    Par. 9. Section 70.414 is amended by revising paragraphs (a) and 
(g) to read as follows:


Sec. 70.414  Preparation and filing of claims.

    (a) Distilled spirits at distilled spirits plants. Procedural 
instructions in respect of claims for remission, abatement, credit, or 
refund of tax on spirits (including denatured spirits) lost or 
destroyed on or lost in transit to, or on spirits returned to, the 
premises of a distilled spirits plant are contained in Part 19 of Title 
27 CFR. It is not necessary to file a claim for credit of tax on 
taxpaid samples taken by ATF officers from distilled spirits plants, as 
the regional director (compliance) will allow credit, without claim, 
for tax on such samples.
* * * * *
    (g) Miscellaneous. Procedural instructions are contained in 27 CFR 
Part 70, subparts F and G in respect of claims for--
    (1) Refund or credit of tax on distilled spirits, wines or beer 
where such refund or credit is claimed on the grounds that tax was 
assessed or collected erroneously, illegally, without authority, or in 
any manner wrongfully, or on the grounds that such amount was 
excessive, and where such refund or credit is subject to the 
limitations imposed by section 6423 of the Internal Revenue Code.
    (2) Payment of an amount equal to the internal revenue tax 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 a major disaster occurring in the United States after June 
30, 1959.
* * * * *
    Par. 10. 27 CFR Part 70 is amended by adding Subpart F to read as 
follows:

Subpart F--Application of Section 6423, Internal Revenue Code of 
1954, as Amended, to Refund or Credit of Tax on Distilled Spirits, 
Wines, and Beer

General

70.501  Meaning of terms.
70.502  Applicability to certain credits or refunds.
70.503  Ultimate burden.
70.504  Conditions to allowance of credit or refund.
70.505  Requirements on persons intending to file claim.

Claim Procedure

70.506  Execution and filing of claim.
70.507  Data to be shown in claim.
70.508  Time for filing claim.

Penalties

70.509  Penalties.

Subpart F--Application of Section 6423, Internal Revenue Code of 
1954, as Amended, to Refund or Credit of Tax on Distilled Spirits, 
Wines, and Beer

General


Sec. 70.501  Meaning of terms.

    When used in this subpart, where not otherwise distinctly expressed 
or manifestly incompatible with the intent thereof, terms shall have 
the meaning ascribed in this section.
    Article. The commodity in respect to which the amount claimed was 
paid or collected as a tax.
    Claimant. Any person who files a claim for a refund or credit of 
tax under this subpart.
    District director of customs. The district director of customs at a 
headquarters port of the district (except the district of New York, 
N.Y.); the area directors of customs in the district of New York, N.Y.; 
and the port director at a port not designated as a headquarters port.
    I.R.C. Internal Revenue Code of 1986, as amended.
    Owner. A person who, by reason of a proprietary interest in the 
article, furnished the amount claimed to the claimant for the purpose 
of paying the tax.
    Person. An individual, a trust, estate, partnership, association, 
company, or corporation.

[[Page 31032]]

    Tax. Any tax imposed by 26 U.S.C. 5001-5066, or by any 
corresponding provision of prior internal revenue laws, and in the case 
of any commodity of a kind subject to a tax under any such sections, 
any tax equal to any such tax, any additional tax, or any floor stocks 
tax. The term includes an extraction denominated a ``tax'', and any 
penalty, addition to tax, additional amount, or interest applicable to 
any such tax.


Sec. 70.502  Applicability to certain credits or refunds.

    The provisions of this subpart apply only where the credit or 
refund is claimed on the grounds that an amount of tax was assessed or 
collected erroneously, illegally, without authority, or in any manner 
wrongfully, or on the grounds that such amount was excessive. This 
subpart does not apply to:
    (a) Any claim for drawback,
    (b) Any claim made in accordance with any law expressly providing 
for credit or refund where an article is withdrawn from the market, 
returned to bond, or lost or destroyed, and
    (c) Any claim based solely on errors in computation of the quantity 
of an article subject to tax or on mathematical errors in computation 
of the amount of the tax due, or to any claim in respect of tax 
collected or paid on an article seized and forfeited, or destroyed, as 
contraband.


Sec. 70.503  Ultimate burden.

    For the purposes of this subpart, the claimant, or owner, shall be 
treated as having borne the ultimate burden of an amount of tax only 
if:
    (a) The claimant or owner has not, directly or indirectly, been 
relieved of such burden or shifted such burden to any other person,
    (b) No understanding or agreement exists for any such relief or 
shifting, and
    (c) If the claimant or owner has neither sold nor contracted to 
sell the articles involved in such claim, such claimant or owner agrees 
that there will be no such relief or shifting.


Sec. 70.504  Conditions to allowance of credit or refund.

    No credit or refund to which this subpart is applicable shall be 
allowed or made, pursuant to a court decision or otherwise, of any 
amount paid or collected as a tax unless a claim therefor has been 
filed, as provided in this subpart, by the person who paid the tax and 
the claimant, in addition to establishing that such claimant is 
otherwise legally entitled to credit or refund of the amount claimed, 
establishes:
    (a) That the claimant bore the ultimate burden of the amount 
claimed, or
    (b) That the claimant has unconditionally repaid the amount claimed 
to the person who bore the ultimate burden of such amount, or
    (c) That:
    (1) the owner of the article furnished the claimant the amount 
claimed for payment of the tax;
    (2) The claimant has filed with the regional director (compliance) 
the written consent of such owner to the allowance to the claimant of 
the credit or refund; and
    (3) Such owner satisfies the requirements of paragraph (a) or (b) 
of this section.


Sec. 70.505   Requirements on persons intending to file claim.

    Any person who, having paid the tax with respect to an article, 
desires to claim refund or credit of any amount of such tax to which 
the provisions of this subpart are applicable must:
    (a) File a claim, as provided in Sec. 70.506, and
    (b) Comply with any other provisions of law or regulations which 
may apply to the claim.

Claim Procedure


Sec. 70.506   Execution and filing of claim.

    Claims to which this subpart is applicable shall be executed on 
Form 2635 (5620.8) in accordance with the instructions on the form and 
shall (except as hereinafter provided) be filed with the regional 
director (compliance) for the region in which the tax was paid. (For 
provisions relating to handcarried documents, see 27 CFR 70.304). 
Claims for credit or refund of taxes collected by district directors of 
customs, to which the provisions of section 6423, I.R.C., are 
applicable and which Customs regulations (19 CFR Part 24--Customs 
Financial and Accounting Procedure) require to be filed with the 
regional director (compliance) of the region in which the claimant is 
located, shall be executed and filed in accordance with applicable 
Customs regulations and this subpart. The claim shall set forth each 
ground upon which the claim is made in sufficient detail to apprise the 
regional director (compliance) of the exact basis therefor. Allegations 
pertaining to the bearing of the ultimate burden relate to additional 
conditions which must be established for a claim to be allowed and are 
not in themselves legal grounds for allowance of a claim. There shall 
also be attached to the form and made part of the claim the supporting 
data required by Sec. 70.507. All evidence relied upon in support of 
such claim shall be clearly set forth and submitted with the claim.


Sec. 70.507   Data to be shown in claim.

    Claims to which this subpart is applicable, in addition to the 
requirements of Sec. 70.506 must set forth or contain the following:
    (a) A statement that the claimant paid the amount claimed as a 
``tax'' as defined in this subpart.
    (b) Full identification (by specific reference to the form number, 
the date of filing, the place of filing, and the amount paid on the 
basis of the particular form or return) of the tax forms or returns 
covering the payments for which refund or credit is claimed.
    (c) The written consent of the owner to the allowance of the refund 
or credit to the claimant (where the owner of the article in respect of 
which the tax was paid furnished the claimant the amount claimed for 
the purpose of paying the tax).
    (d) If the claimant (or owner, as the case may be) has neither sold 
nor contracted to sell the articles involved in the claim, a statement 
that the claimant (or owner, as the case may be) agrees not to shift, 
directly or indirectly in any manner whatsoever, the burden of the tax 
to any other person.
    (e) If the claim is for refund of a floor stocks tax, or of an 
amount resulting from an increase in rate of tax applicable to an 
article, a statement as to whether the price of the article was 
increased on or following the effective date of such floor stocks tax 
or rate increase, and if so, the date of the increase, together with 
full information as to the amount of such price increase.
    (f) Specific evidence (such as relevant records, invoices, or other 
documents, or affidavits of individuals having personal knowledge of 
pertinent facts) which will satisfactorily establish the conditions to 
allowance set forth in Sec. 70.504.
    (g)The regional director (compliance) may require the claimant to 
furnish as a part of the claim such additional information as may be 
deemed necessary.


Sec. 70.508   Time for filing claim.

    No credit or refund of any amount of tax to which the provisions of 
this subpart apply shall be made unless the claimant files a claim 
therefor within the time prescribed by law and in accordance with the 
provisions of this subpart.

Penalties


Sec. 70.509   Penalties.

    It is an offense punishable by fine and imprisonment for anyone to 
make or

[[Page 31033]]

cause to be made any false or fraudulent claim upon the United States, 
or to make any false or fraudulent statements, or representations, in 
support of any claim, or to falsely or fraudulently execute any 
documents required by the provisions of the internal revenue laws, or 
any regulations made in pursuance thereof.
    Par. 11. 27 CFR Part 70 is amended by adding Subpart G to read as 
follows:

Subpart G--Losses Resulting From Disaster, Vandalism, or Malicious 
Mischief

Definitions

70.601  Meaning of terms.

Payments

70.602  Circumstances under which payment may be made.

Claims Procedures

70.603  Execution and filing of claims.
70.604  Record of inventory to support claims.
70.605  Claims related to imported, domestic and Virgin Island 
liquors.
70.606  Claimant to furnish proof.
70.607  Supporting evidence.
70.608  Action on claims.

Destruction of Liquors

70.609  Supervision.

Subpart G--Losses Resulting From Disaster, Vandalism, or Malicious 
Mischief


Sec. 70.601   Meaning of Terms.

    When used in this subpart, terms are defined as follows in this 
section. Words in the plural shall include the singular, and vice 
versa, and words indicating the masculine gender shall include the 
feminine. The terms ``includes'' and ``including'' do not exclude other 
things not named which are in the same general class or are otherwise 
within the scope of the term defined.
    Alcoholic liquors or liquors. Distilled spirits, wines, and beer 
lost, made unmarketable, or condemned, as provided in this subpart.
    Beer. Beer, ale, porter, stout, and other similar fermented 
beverages (including sake, or other similar products) of any name or 
description containing one-half of 1 percent or more of alcohol by 
volume on which the internal revenue tax has been paid or determined, 
and if imported, on which duties have been paid.
    Claimant. The person who held the liquors for sale at the time of 
the disaster or other specified cause of loss and who files a claim 
under this subpart.
    Commissioner of Customs. The Commissioner of Customs, U.S. Customs 
Service, the Department of the Treasury, Washington, DC.
    Distilled spirits, or spirits. Ethyl alcohol and other distillates 
such as whisky, brandy, rum, gin, vodka, in any form (including all 
dilutions and mixtures thereof, from whatever source or by whatever 
process produced), on which the internal revenue tax has been paid or 
determined and, if imported, on which duties have been paid.
    Duly authorized official. Any Federal, State or local government 
official who is authorized to condemn liquors on which a claim is filed 
under this subpart.
    Duty or duties. Any duty or duties paid under the customs laws of 
the United States.
    Major Disaster. A flood, fire, hurricane, earthquake, storm, or 
other catastrophe defined as a ``major disaster'' under the Disaster 
Relief Act (42 U.S.C. 5122(2)), which occurs in any part of the United 
States and which the President has determined causes sufficient damage 
to warrant ``major disaster'' assistance under that Act.
    Region. A Bureau of Alcohol, Tobacco and Firearms region.
    Tax. (1) With respect to distilled spirits, ``tax'' means the 
internal revenue tax that is paid or determined on spirits.
    (2) With respect to wines, ``tax'' means the internal revenue tax 
that is paid or determined on the wine.
    (3) With respect to beer, ``tax'' means the internal revenue tax 
that is paid or determined on the beer.
    United States. When used in a geographical sense includes only the 
States and the District of Columbia.
    Wines. All still wines, effervescent wines, and flavored wines, on 
which internal revenue wine tax has been paid or determined, and if 
imported, on which duty has been paid.

Payments


Sec. 70.602   Circumstances under which payment may be made.

    (a) Major disasters. The regional director (compliance) shall allow 
payment (without interest) of an amount equal to the tax paid or 
determined, and the Commissioner of Customs shall allow payment 
(without interest) of an amount equal to the duty paid, on distilled 
spirits, wines, and beer previously withdrawn, if the liquors are lost, 
made unmarketable, or condemned by a duly authorized official as the 
result of a major disaster (as defined in Sec. 70.601).
    (b) Other causes of loss--(1) Payment. The regional director 
(compliance) shall allow payment (without interest) of an amount equal 
to the tax paid or determined, and the Commissioner of Customs shall 
allow payment (without interest) of an amount equal to the duty paid, 
on distilled spirits, wines, and beer previously withdrawn, if the 
liquors are lost, made unmarketable, or condemned by a duly authorized 
official as a result of:
    (i) Fire, flood, casualty, or other disaster; or
    (ii) Breakage, destruction, or other damage (excluding theft) 
resulting from vandalism or malicious mischief.
    (2) Minimum claim. No claim of less than $250 will be allowed for 
losses resulting from any disaster or damage described in paragraph 
(b)(1) of this section.
    (c) General. Payment under this section may be made only if:
    (1) The disaster or other specified cause of loss occurred in the 
United States;
    (2) At the time of the disaster or other specified cause of loss, 
the liquors were being held for sale by the claimant;
    (3) Refund or credit of the amount claimed, or any part of the 
amount claimed, has not or will not be claimed for the same liquors 
under any other law or regulations; and
    (4) The claimant was not indemnified by any valid claim of 
insurance or otherwise for the tax and/or duty on the liquors covered 
by the claim.

Claims Procedures


Sec. 70.603   Execution and filing of claim.

    (a) General. (1) Claims under this subpart shall be filed on Form 
2635 (5620.8), in original only, with the regional director 
(compliance) of the region in which the liquors were lost, became 
unmarketable, or were condemned.
    (2) The claim shall include all the facts on which the claim is 
based, and be accompanied by a record of inventory of the liquors lost, 
made unmarketable, or condemned. (See Sec. 70.604.)
    (3) The claim shall contain a statement that no other claim for 
refund or credit of the amount claimed, or for any part of the amount 
claimed, has been or will be filed under any other law or regulations.
    (b) Major disasters. Claims for refund of tax and/or duty on 
liquors which were lost, became unmarketable, or were condemned as a 
result of a major disaster must be filed not later than 6 months from 
the day on which the President determines that a major disaster has 
occurred.
    (c) Other causes of loss. (1) Claims for amounts of $250 or more 
for refund of

[[Page 31034]]

tax and/or duty on liquors which were lost, became unmarketable, or 
were condemned as the result of:
    (i) Fire, flood, casualty, or other disaster; or
    (ii) Damage (excluding theft) resulting from vandalism or malicious 
mischief, must be filed within 6 months after the date on which the 
disaster or damage occurred.
    (2) Claims for amounts less than $250 will not be allowed.


Sec. 70.604.   Record of inventory to support claims.

    (a) Claims relating to distilled spirits. The record of inventory 
of distilled spirits lost, made unmarketable, or condemned, which is 
required to support claims filed under Sec. 70.603, shall show the 
following information:
    (1) Name and business address of claimant (as shown on claim, Form 
2635 (5620.8)).
    (2) Address where the spirits were lost, became unmarketable, or 
were condemned, if different from the business address.
    (3) Kind of spirits.
    (4) Brand name.
    (5) For full cases, show. (i) Number of cases;
    (ii) Serial numbers;
    (iii) Bottles per case;
    (iv) Size of bottles;
    (v) Wine gallons per case;
    (vi) Proof; and
    (vii) Proof gallons.
    (6) For bottles not in cases, show.
    (i) Total number;
    (ii) Size of bottles;
    (iii) Wine gallons;
    (iv) Proof; and
    (v) Total proof gallons.
    (7) Total proof gallons for all items.
    (b) Claims relating to wines. The record of inventory of wines 
lost, made unmarketable, or condemned, which is required to support 
claims filed under Sec. 70.603, shall show the following information:
    (1) Name and business address of claimant (as shown on claim, Form 
2635 (5620.8)).
    (2) Address where the wines were lost, became unmarketable, or were 
condemned, if different from the business address.
    (3) Kind of wine.
    (4) Percent of alcohol by volume.
    (5) Number of barrels or kegs.
    (6) Kind and number of other bulk containers.
    (7) Number of full cases and bottles per case.
    (8) Size of bottles.
    (9) Number of bottles not in cases and wine gallons.
    (10) Total wine gallons.
    (c) Claims relating to beer. The record of inventory of beer lost, 
made unmarketable, or condemned, which is required to support claims 
filed under Sec. 70.603, shall show the following information:
    (1) Name and business address of claimant (as shown on claim, Form 
2635 (5620.8)).
    (2) Address where the beer was lost, became unmarketable, or was 
condemned, if different from the business address.
    (3) Number and size of barrels.
    (4) For full cases, show. (i) Number of cases;
    (ii) Bottles or cans per case; and
    (iii) Size (in ounces) of bottles or cans.
    (5) Number and size of bottles and cans not in cases.
    (6) Quantity in terms of 31-gallon barrels.
    (7) Total quantity.
    (d) Special instructions. (1) Inventories of domestic liquors, 
imported liquors, and liquors manufactured in the Virgin Islands shall 
be reported separately.
    (2) Liquors manufactured in Puerto Rico may not be included in 
claims filed under this subpart. Claims for losses of Puerto Rican 
liquors shall be filed with the Secretary of the Treasury of Puerto 
Rico under the laws of Puerto Rico.


Sec. 70.605   Claims relating to imported, domestic, and Virgin Islands 
liquors.

    (a) Claims involving taxes on domestic liquors, imported liquors, 
and liquors manufactured in the Virgin Islands must show the quantities 
of each separately in the claim.
    (b) A separate claim on Form 2635 (5620.8) must be filed for 
customs duties.


Sec. 70.606   Claimant to furnish proof.

    The claimant shall furnish proof to the satisfaction of the 
regional director (compliance) regarding the following:
    (a) That the tax on the liquors, or the tax and duty if imported, 
was fully paid; or the tax, if not paid, was fully determined.
    (b) That the liquors were lost, made unmarketable, or condemned by 
a duly authorized official, by reason of damage sustained as a result 
of a disaster or other cause of loss specified in this subpart.
    (c) The type and date of occurrence of the disaster or other 
specified cause of loss, and the location of the liquors at the time.
    (d) That the claimant was not indemnified by a valid claim of 
insurance or otherwise for the tax, or tax and duty, on the liquors 
covered by the claim.
    (e) That the claimant is entitled to payment under this subpart.


Sec. 70.607   Supporting evidence.

    (a) The claimant shall support the claim with any evidence (such as 
inventories, statements, invoices, bills, records, labels, formulas, 
stamps) that is available to submit, relating to the quantities and 
identities of the liquors, on which duty has been paid or tax has been 
paid or determined, that were on hand at the time of the disaster or 
other specified cause of loss and alleged to have been lost, made 
unmarketable, or condemned as a result of it.
    (b) If the claim is for refund of duty, the claimant shall furnish, 
if possible:
    (1) The customs number;
    (2) The date of entry; and
    (3) The name of the port of entry.


Sec. 70.608   Action on claims.

    The regional director (compliance) shall date stamp and examine 
each claim filed under this subpart and will determine the validity of 
the claim. Claims and supporting data involving customs duties will be 
forwarded to the Commissioner of Customs with a summary statement by 
the regional director (compliance) regarding his or her findings.

Destruction of Liquors


Sec. 70.609   Supervision.

    When allowance has been made under this subpart for the tax and/or 
duty on liquors condemned by a duly authorized official or made 
unmarketable, the liquors shall be destroyed by suitable means under 
supervision satisfactory to the regional director (compliance), unless 
the liquors were previously destroyed under supervision satisfactory to 
the regional director (compliance). The Commissioner of Customs will 
notify the regional director (compliance) as to allowance under this 
subpart of claims for duty on unmarketable or condemned liquors.

Penalties


Sec. 70.610   Penalties.

    (a) Penalties are provided in 26 U.S.C. 7206 for making any false 
or fraudulent statement under the penalties of perjury in support of 
any claim.
    (b) Penalties are provided in 26 U.S.C. 7207 for filing any false 
or fraudulent document under this subpart.
    (c) All laws and regulations, including penalties, which apply to 
internal revenue taxes on liquors shall, when appropriate, apply to 
payments made under this subpart the same as if the payments were 
actual refunds of internal taxes on liquors.

[[Page 31035]]

PART 170--MISCELLANEOUS REGULATIONS RELATING TO LIQUOR

    Par. 12. The authority citation for part 170 is revised to read as 
follows:

    Authority: 26 U.S.C. 5001, 5002, 5111, 5121, 5171, 5205, 5291, 
5301, 5362, 7805; 31 U.S.C. 9304, 9306.

    Par. 13. Subpart E, Secs. 170.85-170.100 and Subpart O, 
Secs. 170.301-170.311 are removed.

    Signed: May 7, 1996.
Bradley A. Buckles,
Acting Director.

    Approved: May 21, 1996.
John P. Simpson,
Deputy Assistant Secretary, Regulatory, Tariff & Trade Enforcement.
[FR Doc. 96-14853 Filed 6-18-96; 8:45 am]
BILLING CODE 4810-31-P