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Manufacturers & Retailers Excise Tax Regs. If the waiver
agreement appears on an invoice or other document, however, it
must be set off from other material in the document and executed
separately from any other item which requires the owner’s,
tenant’s, or operator’s signature. See id. The waiver should be
sufficient to put the owner, tenant, or operator of the farm on
notice that he has waived the right to receive the credit. See
id. Copies of agreements waiving rights to credits or payments
under section 6420 are not to be submitted to the Internal
Revenue Service unless a request is made by the Service. See
sec. 48.6420-4(l)(4), Manufacturers & Retailers Excise Tax Regs.
Petitioner did not obtain waivers from its customers at such
time and in such form and manner as the Secretary prescribed in
section 48.6420-4(l)(2), Manufacturers & Retailers Excise Tax
Regs. The written contracts petitioner and its customers
executed contain no provision explicitly addressing the fuel tax
credit. The waivers petitioner did obtain were received several
years after the taxable years in issue and after petitioner
received the notice of deficiency.
Petitioner does not challenge the validity of the regulation
but asserts that it should not be held to the requirements of
section 48.6420-4(l)(2), Manufacturers & Retailers Excise Tax
Regs., when it accurately completed Form 4136, and the form
instructions do not indicate that a pesticide applicator must
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Last modified: May 25, 2011