- 10 - owner, operator, or tenant waives the right to be treated as the user and ultimate purchaser of the gasoline. See Pub. L. 97-424, sec. 511(f), 96 Stat. 2172; H. Rept. 97-945 at 2, 1983-1 C.B. 421. The legislative history of section 6420 establishes that the requirement that applicators obtain waivers from their farm customers was not designed solely to ensure that two taxpayers would not claim entitlement to a tax credit for the same fuel. The requirement appears also to have been designed to ensure that farmers are knowledgeable about their entitlement to the fuel tax credit. The waiver requirement, therefore, relates to the essence of the statute. To extend the credit to applicators without strict compliance to the waiver requirement would defeat the policies underlying the statutory provision. It does not appear that anyone will receive the benefit of the section 34(a)(1) credit for the gasoline used by petitioner during the years at issue. Although we are sympathetic to petitioner’s situation, we are constrained by and cannot disregard the plain language of the statute and the detailed requirements of the legislative regulation in order to achieve what would appear to be a more equitable result in this case. Accordingly, petitioner is not entitled to credit for Federal tax on fuels.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011