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Session Laws, 1947
Volume 411, Page 213   View pdf image (33K)
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WM. PRESTON LANE, JR., GOVERNOR. 213
CHAPTER 146.
(Senate Bill 23)

AN ACT to repeal and re-enact, with amendments, Section
248 of Article 81 of the Annotated Code of Maryland (1939
Edition), title "Revenue and Taxes", sub-title "Income
Tax", as said section was amended by Chapter 269 of 1945,
relating to refunds.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Section 248 of Article 81 of the Annotated Code
of Maryland (1939 Edition), title "Revenue and Taxes", sub-
title "Income Tax", as said section was amended by Chapter
269 of 1945, be and it is hereby repealed and re-enacted, with
amendments, to read as follows:

248. (Refunds.) In the event any person pays more tax
than is found to have been due, the Comptroller shall refund
the overpayment in the same manner as other refunds are
made, except to the extent herein provided.

In the case of a contract or contracts with the United
States or any agency thereof, or any subcontract or sub-
contracts thereunder, made by a taxpayer, if a re-negotiation
is made in respect thereto and an amount of excessive profits
received or accrued thereunder for a taxable year (here-
inafter referred to as "prior taxable year") is eliminated
and, in a taxable year thereafter the taxpayer is required
to pay or repay to the United States or any agency thereof
the amount of excessive profits eliminated or the amount
of excessive profits eliminated is applied as an offset against
other amounts due the taxpayer, then for the purposes of
this sub-title the part of the contract or sub-contract price
or prices which was or were received or accrued for the
prior taxable year shall be considered as having been re-
duced by the amount of excessive profits eliminated and the
taxpayer shall be entitled to receive from the Comptroller
a refund of the difference between the tax paid for such
prior taxable year and the tax which he would have paid
had he received in or accrued for such prior taxable year
such reduced contract or sub-contract price or prices. All
such refunds shall be made in the same manner as other
refunds are made. Any claim for a refund shall be in such
form, verified in such manner, contain such information, and
be supported by such documents as may be prescribed by
regulations of the Comptroller and shall be filed within three
years from the date the return was due to be filed, otherwise
such claim shall be barred and in no event shall the Comp-

 

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Session Laws, 1947
Volume 411, Page 213   View pdf image (33K)
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