- 9 - 34) by adding the language now found in section 34(a)(3).9 The text of the conference report provides, in part, as follows: This amendment provides procedures for the payment of amounts (under a new section 6427 of the Code) or for the crediting against income tax (under the existing section 39 of the Code) in the case of the retailers excise taxes on gasoline and special fuels. * * * The amendment also provides that, in general, the time for filing claims for credit under section 39, and the time for filing full-year claims by government bodies or exempt organizations for excise tax payments under specified sections of the Code, will be comparable to the time in which claim for credit or refund of income taxes may be filed. The House recedes with technical changes. [Conf. Rept. 91-1074, at 51 (1970), 1970-1 C.B. 401, 407.] The conference report speaks of “procedures” to be made available, in a parallel structure of relief by “payment” (section 6427) or by “crediting against income tax” (section 39). The conference report does not suggest that section 6427 provides the exclusive or otherwise controlling authority. The Senate report confirms our conclusion that sections 39 and 6427 were viewed by Congress as parallel authorities. The Senate report provides the following discussion regarding the different treatments of credits against income tax and payments under the excise tax provisions: Under the committee amendments, credits against income tax for gasoline, diesel fuels, special fuels, or lubricating oil tax (sec. 39) are to give rise to 9See supra note 7.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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