Crop Care Applicators, Inc. - Page 6

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               Petitioner argues that it is entitled to the fuel tax                  
          credits at issue because it followed all instructions on Form               
          4136, Credit for Federal Tax Paid on Fuels, for claiming the                
          credits, and the farmers to whom petitioner provided services               
          never claimed or intended to claim credits for petitioner’s use             
          of fuel on their farms as evidenced by the parties’ agreements,             
          invoices, payments for services, and waivers.                               
               Section 34(a)(1) allows a credit against Federal income tax            
          for the taxable year in an amount equal to the sum of the amounts           
          payable to the taxpayer under section 6420 with respect to                  
          gasoline used during the taxable year on a farm for farming                 
          purposes (determined without regard to section 6420(g)).  Under             
          section 6420(a), the “ultimate purchaser” of the gasoline is                
          entitled to a credit determined by multiplying the number of                
          gallons used by the rate of tax applied to the gasoline on the              
          date he purchased the gasoline.                                             
               Except as provided in section 6420(c)(4), gasoline is                  
          considered to have been used for farming purposes only if used by           
          the owner, tenant, or operator of a farm for various farming                
          purposes.  See sec. 6420(c)(3).  The owner, tenant, or operator             
          of a farm generally is treated as the user and ultimate purchaser           
          of gasoline used for the farming purposes described in section              
          6420(c)(3)(A).  See sec. 6420(c)(4)(A).  Section 6420(c)(4),                

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Last modified: May 25, 2011