
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[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.
