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(2) The table of sections for subchapter B of chapter 65 (relating to rules of special application) is amended by adding at the end thereof the following:
"Sec. 6424. Adjustment of estimated estate tax.”
(h) Holding Period of Property.Section 1223 (relating to holding period of property) is amended by redesignating paragraph (11) as paragraph (12) and inserting after paragraph (10) the following:
“(11) In the case of a person acquiring property from a decedent or to whom property passed from a decedent (within the meaning of section 1014(b)) if
“(A) such property was included in such decedent's gross estate,
“(B) the basis of such property in the hands of such person is determined under section 1014, and
"(C) such property is sold or exchanged by such person
within 6 months after the decedent's death, such person shall be considered to have held such property for
more than 6 months." (i) Effective Date.-The amendments made by this section shall apply with respect to estates of decedents dying on or after the date of enactment of this section. These amendments shall also apply in the case of decedents dying after March 31, 1970, and on or before the date of enactment of this section, except that the reference in section 6077 to “7 months after the date of the decedent's death” shall be deemed to mean 7 months after the enactment of this section.
A BILL To amend the Internal Revenue Code of 1954 by imposing a tax upon
the sale of lead additives used in the manufacture or production of gasoline, providing for payments to producers of gasoline for lead additives used during a transitional period, and for other purposes. Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE, ETC.
(a) Short Title.—This Act may be cited as the “Clean Air Tax Act of 1970".
(b) Amendment of 1954 Code.-Except as otherwise express'y provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1954. SEC. 2. TAX ON SALE OF LEAD ADDITIVES.
(a) Imposition of Tax.—Chapter 39 (relating to regulatory taxes) is amended by adding at the end thereof the following new subchapter:
“Subchapter F—Lead Additives
"Sec. 4891. Lead Additives
“SEC. 4891. LEAD ADDITIVES.
"(a) Imposition of Tax.-There is hereby imposed upon the sale of lead additives by the manufacturer, producer, or importer thereof a tax of $4.25 per pound of the total lead therein.
"(b) Imported Gasoline.-In addition to any other tax or duty imposed by law, there is hereby imposed upon the importation of gasoline containing lead additives a tax of $4.25 per pound of the total lead therein. "(c) Floor Stocks Tax.
“(1) Imposition of Tax.—On lead additives subject to tax under subsection (a), which, on August 1, 1970, are held by any person other than the manufacturer, producer, or importer thereof, there is hereby imposed a floor stocks tax at the rate of $4.25 per pound of the total lead therein. The tax imposed by this subsection shall not apply to the lead content of gasoline stocks on August 1, 1970, whether finished or in process.
“(2) Due Date of Floor Stocks Taxes.- The tax imposed by this subsection shall be paid at such time after September 30, 1970,
as may be prescribed by the Secretary or his delegate. “(d) Use by Manufacturer, Producer, or Importer Considered Sale.-If any person manufactures, produces, or imports a lesd a'ditive and uses it, then he shall be liable for tax under this section in the same manner as if such additive were sold by him.
“(e) Import Tax Imprised as Tariff Duty.—The tax imposed by subsection (b) shall be levied, assessed, collected, and paid in the
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same manner as a duty imposed by the Tariff Act of 1930 (46 Stat. 590; 19 U.S.C. chapter 4) and shall be treated for the purposes of all provisions of law relating to the customs revenue as a duty imposed by such Act, except that for purposes of sections 336 and 350 of such Act (the so-called flexible tariff and trade agreements provisions; 46 Stat. 701; 19 U.S.C. 1336, 1351) such tax shall not be considered a duty or import restriction, and except that no preference with respect to such tax shall be accorded any gasoline imported or brought into the United States.
"(f) Exemption for Exports.-Under regulations prescribed by the Secretary or his delegate, no tax shall be imposed on the sale by the manufacturer of lead additives for export, or for resale by the purchaser to a second purchaser for export. Where lead additives have been sold free of tax for export, or for resale by the purchaser to a second purchaser for export, the exemption shall cease to apply unless, within the 6-month period which begins on the date of the sale (or, if earlier, on the date of the shipment by him), the manufacturer receives proof that the article has been exported. “(g) Definitions.
“(1) Gasoline.—The term 'gasoline' has the same meaning given to such term by section 4082(b).
"(2) Lead Additive.-As used in this section, the term 'lead additive' means any compound containing lead which is used in the production, refining, compounding or blending of gasoline. “(h) Cross References. For penalties and other general and administrative provisions applicable to this subchapter, see subtitle F.”
(b) Refund for Lead Additives Exported.-Subchapter B of chapter 65 (relating to rules of special application) is amended by adding at the end thereof the following new section: "SEC. 6428. REFUND FOR LEAD ADDITIVES EXPORTED.
"The tax paid under section 4891 (a) or (c) on lead additives shall be deemed to be an overpayment if such additives were exported by any person. No credit or refund of any overpayment to the person who paid the tax on the lead additives shall be made unless such person establishes, under regulations prescribed by the Secretary or his delegate, that he
"(a) has not included the tax in the price of the article with respect to which it was imposed and has not collected the amount of the tax from the person who purchased such article; or
“(b) has repaid or agreed to repay the amount of the tax to the ultimate vendor of the article; or
"(c) has obtained the written consent of such ultimate vendor
to the allowance of the credit or the making of the refund. The tax paid on lead additives which have been exported may be refunded to the exporter or shipper thereof, if the person who paid such tax waives his claim to such amount. Any person who paid the tax on lead additives who is entitled to refund of tax under this section may, instead of filing a claim for refund, take credit therefor against the tax imposed by section 4891 due on any subsequent return." (c) Clerical Amendments, etc.
(1) The table of subchapters for chapter 39 of subtitle D is amended by adding at the end thereof the following new subchapter:
"SUBCHAPTER F. LEAD ADDITIVES.”
(2) The table of sections for subchapter B of chapter 65 is amended by adding at the end thereof the following:
"Sec. 6428. Refund for Lead Additives Exported.” SEC. 3. PAYMENTS WITH RESPECT TO USE OF LEAD
ADDITIVES. (a) Payments With Respect to Lead Additives Used by Refiners.Subchapter B of chapter 65 (relating to rules of special application for abatements, credits, and refunds) is amended by adding after section 6428 (as added by section 2(b) of this title) the following new section: "SEC. 6429. LEAD ADDITIVES USED BY REFINERS.
"(a) Lead Additives.-If any person uses lead additives in the production of gasoline, the Secretary or his delegate shall, subject to the limitation contained in subsection (b), pay (without interest) to such person $4.25 for each pound of lead therein so used.
"(b) Pounds of Lead For Which Payment is To Be Made.- For purposes of subsection (a), the quantity of lead for which payment is to be made to any person for each twelve month period commencing on August 1 of each year (beginning with the twelve month period commencing August 1, 1970) shall be the lesser of:
"(1) The number of pounds of lead contained in a lead additive actually used by such person in production of gasoline during such twelve month period but not to exceed in any twelve month period the greater of (A) the pounds of lead actually used by such person in the production of gasoline in the twelve month period preceding August 1, 1970, or (B) the annual average use of lead by such person in the production of gasoline during the three years preceding August 1, 1970, or
“(2) For the twelve month period commencing on August 1 of
Pounds of lead 1970.
1, 000, 000 1971
800, 000 1972
600, 000 1973.
400, 000 1974.
200, 000 1975 and thereafter.-
none "(c) Controlled Group.- For purposes of subsection (b), a controlled group of corporations shall be treated as a single person, but only one component member of such group may claim a payment under this section for the lead additives used by all of the members of such controlled group. The controlled group shall designate, in accordance with regulations to be prescribed by the Secretary or his delegate, the member of such group which may claim such payment on behalf of the group. For purposes of this subsection, the term 'controlled group' has the same meaning assigned to such term by section 1563 (a) except that 50% shall be in lieu of 80% wherever such percentage appears therein. "(d) Time for Filing Claims; Period Covered.
“(1) In General.—Except as provided in paragraph (2), not more than one claim may be filed under this section by any person with respect to lead additives used during the twelve