"(A) the collection of the tax imposed by section 4481 with respect to any highway motor vehicle is suspended under paragraph (1),

"(B) such vehicle is not used during the taxable period on public highways for more than 5,000 miles, and

"(C) except as otherwise provided in regulations, the owner of such vehicle furnishes such information as the Secretary may require with respect to the use of such vehicle during the taxable period,

then no tax shall be imposed by section 4481 on the use of such vehicle for the taxable period.

"(3) Refund where tax paid and vehicle not used for more than 5,000 miles.-Iƒ—

"(A) the tax imposed by section 4481 is paid with respect to any highway motor vehicle for any taxable period, and

"(B) the requirements of subparagraphs (B) and (C) of paragraph (2) are met with respect to such taxable period,

the amount of such tax shall be credited or refunded (without interest) to the person who paid such tax.

"(4) Relief from liability for tax under certain circumstances where truck is transferred.—Under regulations prescribed by the Secretary, the owner of a highway motor vehicle with respect to which the collection of the tax imposed by section 4481 is suspended under paragraph (1) shall not be liable for the tax imposed by section 4481 (and the new owner shall be liable for such tax) with respect to such vehicle if— "(A) such vehicle is transferred to a new owner,

"(B) such suspension is in effect at the time of such transfer, and

"(C) the old owner furnishes such information as the Secretary by forms and regulations requires with respect to the transfer of such vehicle.

"(5) Owner defined.-For purposes of this subsection, the term 'owner' means, with respect to any highway motor vehicle, the person described in section 4481(b).”

Sec. 4484. Cross reference.

(1) For penalties and administrative provisions applicable to this subchapter, see subtitle F. (added June 29, 1956, c. 462, Title II, § 206(a), 70 Stat. 391; amended Jan. 14, 1983, Pub. L. 97-473, Title II, § 202(b)(10), 96 Stat. 2610.)

Sec. 6156. Installment payments of tax on use of highway motor vehicles. (a) Privilege to pay tax in installments.—If the taxpayer files a return of the tax imposed by section 4481 on or before the date prescribed for the filing of such return, he may elect to pay the tax shown on such return in equal installments in accordance with the following table:

(b) Dates for paying installments

In the case of any tax payable in installments by reason of an election under subsection (a)—

(1) the first installment shall be paid on the date prescribed for payment of the tax,

(2) the second installment shall be paid on or before the last day of the third month following the calendar quarter in which the liability was incurred,

(3) the third installment (if any) shall be paid on or before the last day of the sixth month following the calendar quarter in which the liability was incurred, and

(4) the fourth installment (if any) shall be paid on or before the last day of the ninth month following the calendar quarter in which the liability was incurred.

(c) Proration of additional tax to installments

If an election has been made under subsection (a) in respect of tax reported on a return filed by the taxpayer and tax required to be shown but not shown on such return is assessed before the date prescribed for payment of the last installment, the additional tax shall be prorated equally to the installments for which the election was made. That part of the additional tax so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as and as part of such installment. That part of the additional tax so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Secretary or his delegate.

(d) Acceleration of payments

If the taxpayer does not pay any installment under this section on or before the date prescribed for its payment, the whole of the unpaid tax shall be paid upon notice and demand from the Secretary or his delegate.

(e) Section inapplicable to certain liabilities.--This section shall not apply to any liability for tax incurred in

(1) April, May, or June of any year, or

(2) July, August, or September of 1988.

(Added by Pub. L. 87-61, Title II, § 203(c)(1), June 29, 1961, 75 Stat. 124, and amended by Pub. L. 91-258, Title II, § 206(b), (d)(2), May 21, 1970, 84 Stat. 245, 246; Pub. L. 91-605, Title III, § 303(a)(10), Dec. 31, 1970, 84 Stat. 1744; Pub. L. 94-280, Title III, § 303(a)(10), May 5, 1976, 90 Stat. 456; Pub. L. 95-599, Title V, § 502(a)(9), Nov. 6, 1978, 92 Stat. 2756; Pub. L. 97-248, Title II, § 280(c)(2)(C)-(E), Sept. 3, 1982 96 Stat. 564; Pub.L. 97-424, Title V, § 516(a)(6), Jan. 6, 1983, 96 Stat. 2183.

Sec. 6206. Special rules applicable to excessive claims under sections 6420, 6421, and 6427

Any portion of a payment made under section 6420, 6421, or 6427 which constitutes an excessive amount (as defined in section 6675(b)), and any civil penalty provided by section 6675, may be assessed and collected as if it were a tax imposed by section 4081 (with respect to payments under sections 6420 and 6421), or 4041 (with respect to payments under section 6427) and as if the person who made the claim were liable for such tax. The period for assessing any such portion, and for assessing any such penalty, shall be 3 years from the last day prescribed for the filing of the claim under section 6420, 6421, or 6427, as the case may be.

(Added Apr. 2, 1956, c. 160, § 4(b)(1), 70 Stat. 90, and amended June 29, 1956, c. 462, Title II, § 208(d)(1), 70 Stat. 396; June 21, 1965, Pub. L. 89-44, Title II, § 202(c)(2)(A), 79 Stat. 139; May 21, 1970, Pub. L. 91-258, Title II, § 207(d)(3), 84 Stat. 248; Jan. 6, 1983, Pub. L. 97-424, Title V, § 515(b)(3)(A), 96 Stat. 2181.)

Sec. 6302. Mode or time of collection. (a) Establishment by regulations

If the mode or time for collecting any tax is not provided for by this title, the Secretary or his delegate may establish the same by regulations.

(b) Discretionary method

Whether or not the method of collecting any tax imposed by chapters 21, 31, 32, 33, section 4481 of chapter 36, section 4501(a) of chapter 37, is specifically provided for by this title, any such tax may, under regulations prescribed by the Secretary or his delegate, be collected by means of returns, stamps, coupons, tickets, books, or such other reasonable devices or methods as may be necessary or helpful in securing a complete and proper collection of the tax.

(Aug. 16, 1954, ch. 736, 68A Stat. 775; June 29, 1956, ch. 462, Title II, § 206(b), 70 Stat. 391; Oct. 4, 1976, Pub. L. 94-455, Title XIX, § 1906(a)(17), 90 Stat. 1825.)

Sec. 6412. Floor stocks refunds. (a) In general.—

(1) Trucks, tires, tubes, tread rubber, and gasoline.-Where before October 1, 1988, any article subject to the tax imposed by section 4061(a)(1), 4071(a)(1), (3) or (4), or 4081 has been sold by the manufacturer, producer, or importer and on such date is held by a dealer and has not been used and is intended for sale (or, in the

case of tread rubber, is intended for sale or is held for use), there shall be credited or refunded (without interest) to the manufacturer, producer, or importer an amount equal to the difference between the tax paid by such manufacturer, producer, or importer on his sale of the article and the amount of tax made applicable to such article on and after October 1, 1988, if claim for such credit or refund is filed with the Secretary on or before March 31, 1989, based upon a request submitted to the manufacturer, producer, or importer before January 1, 1989, by the dealer who held the article in respect of which the credit or refund is claimed, and, on or before March 31, 1989, reimbursement has been made to such dealer by such manufacturer, producer, or importer for the tax reduction on such article or written consent has been obtained from such dealer to allowance of such credit or refund. No credit or refund shall be allowable under this paragraph with respect to gasoline in retail stocks held at the place where intended to be sold at retail, nor with respect to gasoline held for sale by a producer or importer of gasoline. No credit or refund shall be allowable under this paragraph with respect to inner tubes for bicycle tires (as defined in section 4221(e)(4)(B)).

(2) Definitions.-For purposes of this section—

(A) The term "dealer" includes a wholesaler, jobber, distributor, or retailer, or, in the case of tread rubber subject to tax under section 4071(a)(4), includes any person (other than the manufacturer, producer, or importer thereof) who holds such tread rubber for sale or use.

(B) An article shall be considered as "held by a dealer" if title thereto has passed to such dealer (whether or not delivery to him has been made), and if for purposes of consumption title to such article or possession thereof has not at any time been transferred to any person other than a dealer.

(b) Limitation on eligibility for credit or refund

No manufacturer, producer, or importer shall be entitled to credit or refund under subsection (a) unless he has in his possession such evidence of the inventories with respect to which the credit or refund is claimed as may be required by regulations prescribed under this section. (c) Other laws applicable

All provisions of law, including penalties, applicable in respect of the taxes imposed by sections 4061, 4071, and 4081 shall, insofar as applicable and not inconsistent with subsections (a) and (b) of this section, apply in respect of the credits and refunds provided for in subsection (a) to the same extent as if such credits or refunds constituted overpayments of such taxes. (Aug. 16, 1954, ch. 736, 68A Stat. 795; Mar. 30, 1955, ch. 18, § 3(b)(4), 69 Stat. 15; Mar. 29, 1956, ch. 115, § 3(b)(4), 70 Stat. 67; May 29, 1956, ch. 342, § 19, 70 Stat. 221; June 29, 1956, ch.