- 6 - number of gallons of gasoline or diesel fuel purchased in 1991 for use in the dump truck. It is clear from petitioner’s testimony that he drove his dump truck on the highway from its storage yard to various project sites for which he had hauling contracts. He also would haul materials from the project sites to other locations, provided such destinations were within a 50-mile radius. In so doing, petitioner used public highways. He has failed to prove that the dump truck was not a highway vehicle, or that it was not registered or required to be registered for highway use.3 3 See sec. 48.4061(a)-1(d)(1), Manufacturers & Retailers Excise Tax Regs., for a definition of "highway vehicle" and its use. See also sec. 48.6421-4(b) of the regulations with respect to the meaning of "qualified business use" for claiming the fuel tax credit, and particularly subparagraph (5) which contains the following example illustrating its application: M corporation, a logging company, files its income tax return on the basis of the calendar year. During 1982, the company used 20,000 gallons of gasoline in its logging business. Of this amount, 12,000 gallons were used as fuel in registered highway vehicles which were operated both on the public highways and on the company's private roads. Of the remaining 8,000 gallons, 6,000 were used in nonhighway vehicles, such as tractors and bulldozers, and 2,000 gallons were used in highway vehicles such as heavy trucks which, at the time of use, were neither registered nor required to be registered under state law for highway use by reason of being operated entirely on the company's property. As the ultimate purchaser, M may take a credit on its income tax return for 1982 under this section in respect of the 6,000 gallons used in the nonhighway vehicles and the 2,000 gallons used in the unregistered highway vehicles. However, no credit may be allowed with respect to the 12,000 gallons used in the registered highway vehicles even though a portion of this gasoline was used in operating the vehicles (continued...)Page: Previous 1 2 3 4 5 6 7 8 Next
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