Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · U.S. Code · Title 26 - INTERNAL REVENUE CODE · CHAPTER 52— TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES · Subchapter A— Definitions; Rate and Payment of Tax; Exemption From Tax; and Refund and Drawback of Tax · § 5708

§ 5708. Losses caused by disaster

892 words·~4 min read·/usc/title-26/section-5708

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Authorization Where the President has determined under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, that a “major disaster” as defined in such Act has occurred in any part of the United States, the Secretary shall pay (without interest) an amount equal to the amount of the internal revenue taxes paid or determined and customs duties paid on tobacco products and cigarette papers and tubes removed, which were lost, rendered unmarketable, or condemned by a duly authorized official by reason of such disaster occurring in such part of the United States on and after the effective date of this section, if such tobacco products or cigarette papers or tubes were held and intended for sale at the time of such disaster. The payments authorized by this section shall be made to the person holding such tobacco products or cigarette papers or tubes for sale at the time of the disaster.
(b)Claims No claim shall be allowed under this section unless—
(1)filed within 6 months after the date on which the President makes the determination that the disaster referred to in subsection
(a)has occurred; and
(2)the claimant furnishes proof to the satisfaction of the Secretary that—
(A)he was not indemnified by any valid claim of insurance or otherwise in respect of the tax, or tax and duty, on the tobacco products or cigarette papers or tubes covered by the claim, and
(B)he is entitled to payment under this section.
Claims under this section shall be filed under such regulations as the Secretary shall prescribe.
(c)Destruction of tobacco products or cigarette papers or tubes Before the Secretary makes payment under this section in respect of the tax, or tax and duty, on the tobacco products or cigarette papers or tubes condemned by a duly authorized official or rendered unmarketable, such tobacco products or cigarette papers or tubes shall be destroyed under such supervision as the Secretary may prescribe, unless such tobacco products or cigarette papers or tubes were previously destroyed under supervision satisfactory to the Secretary.
(d)Other laws applicable All provisions of law, including penalties, applicable in respect of internal revenue taxes on tobacco products and cigarette papers and tubes shall, insofar as applicable and not inconsistent with this section, be applied in respect of the payments provided for in this section to the same extent as if such payments constituted refunds of such taxes.
(Added Pub. L. 85–859, title II, § 202, Sept. 2, 1958, 72 Stat. 1420; amended Pub. L. 91–606, title III, § 301(j), Dec. 31, 1970, 84 Stat. 1759; Pub. L. 93–288, title VII, § 702(j), formerly title VI, § 602(j), May 22, 1974, 88 Stat. 164, renumbered title VII, § 702(j), Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 100–707, title I, § 109(l), Nov. 23, 1988, 102 Stat. 4709; Pub. L. 108–311, title IV, § 408(a)(7)(E), Oct. 4, 2004, 118 Stat. 1191.)
Connections10 cite this · traces to 3
29 references not yet in our index
  • Pub. L. 85–859, title II, § 202
  • 72 Stat. 1420
  • Pub. L. 91–606, title III, § 301(j)
  • 84 Stat. 1759
  • Pub. L. 93–288, title VII, § 702(j)
  • 88 Stat. 164
  • Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1)
  • 108 Stat. 3100
  • Pub. L. 94–455, title XIX, § 1906(b)(13)(A)
  • 90 Stat. 1834
  • Pub. L. 100–707, title I, § 109
  • 102 Stat. 4709
  • Pub. L. 108–311, title IV, § 408(a)(7)(E)
  • 118 Stat. 1191
  • Pub. L. 93–288
  • 88 Stat. 143
  • Pub. L. 108–311
  • Pub. L. 100–707
  • Pub. L. 94–455
  • Pub. L. 91–606
  • 42 U.S.C. 1855
  • section 605 of Pub. L. 93–288
  • section 304 of Pub. L. 91–606
  • section 210(a)(1) of Pub. L. 85–859
  • Pub. L. 85–859, title II, § 209
  • 72 Stat. 1434
  • act Sept. 30, 1950, ch. 1125
  • 64 Stat. 1109
  • section 209 of Pub. L. 85–859
Citation graph
cites case law
§ 5708
Losses caused by disaster
Fed. Reg.×6
C.F.R.×2
Stat.×2
U.S.C.§ 5121
U.S.C.§ 165
U.S.C.§ 5001
Pub. L.Pub. L. 85–859, title II, § 202
Stat.72 Stat. 1420
Pub. L.Pub. L. 91–606, title III, § 301(j)
Stat.84 Stat. 1759
Pub. L.Pub. L. 93–288, title VII, § 702(j)
Cites 32 · showing 8Cited by 10 across 3 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.