§ 6805. — Redemption of stamps.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 26USC6805]
TITLE 26--INTERNAL REVENUE CODE
Subtitle F--Procedure and Administration
CHAPTER 69--GENERAL PROVISIONS RELATING TO STAMPS
Sec. 6805. Redemption of stamps
(a) Authorization
The Secretary, subject to regulations prescribed by him, may, upon
receipt of satisfactory evidence of the facts, make allowance for or
redeem such of the stamps, issued under authority of any internal
revenue law, as may have been spoiled, destroyed, or rendered useless or
unfit for the purpose intended, or for which the owner may have no use.
(b) Method and conditions of allowance
Such allowance or redemption may be made, either by giving other
stamps in lieu of the stamps so allowed for or redeemed, or by refunding
the amount or value to the owner thereof, deducting therefrom, in case
of repayment, the percentage, if any, allowed to the purchaser thereof;
but no allowance or redemption shall be made in any case until the
stamps so spoiled or rendered useless shall have been returned to the
Secretary, or until satisfactory proof has been made showing the reason
why the same cannot be returned; or, if so required by the Secretary,
when the person presenting the same cannot satisfactorily trace the
history of said stamps from their issuance to the presentation of his
claim as aforesaid.
(c) Time for filing claims
No claim for the redemption of, or allowance for, stamps shall be
allowed under this section unless presented within 3 years after the
purchase of such stamps from the Government.
(d) Finality of decisions
The findings of fact in and the decision of the Secretary upon the
merits of any claim presented under or authorized by this section shall,
in the absence of fraud or mistake in mathematical calculation, be final
and not subject to revision by any accounting officer.
(Aug. 16, 1954, ch. 736, 68A Stat. 830; Pub. L. 85-859, title I,
Sec. 165(b), (c), Sept. 2, 1958, 72 Stat. 1313; Pub. L. 94-455, title
XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
Amendments
1976--Pub. L. 94-455 struck out ``or his delegate'' after
``Secretary'' wherever appearing.
1958--Subsec. (a). Pub. L. 85-859, Sec. 165(b), struck out
provisions which authorized the Secretary to make allowances for or
redeem stamps which through mistake may have been improperly or
unnecessarily used, or where the rates or duties represented thereby
have been excessive in amount, paid in error, or in any manner
wrongfully collected.
Subsec. (c). Pub. L. 85-859, Sec. 165(c), inserted ``under this
section'' after ``shall be allowed''.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85-859 effective on first day of first calendar
quarter which begins more than 60 days after Sept. 2, 1958, see section
1(c) of Pub. L. 85-859.
Section Referred to in Other Sections
This section is referred to in section 6040 of this title.
