Medical Transportation Management Corporation - Page 8

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                         product of the number of gallons of                          
                         gasoline so used multiplied by the rate                      
                         at which tax was imposed on such                             
                         gasoline by section 4081.                                    
                              (2) Limitation in case of                               
                         nonscheduled intercity or local                              
                         buses.--Paragraph (1)(A) shall not apply                     
                         in respect of gasoline used in any                           
                         automobile bus while engaged in                              
                         furnishing transportation which is not                       
                         scheduled and not along regular routes                       
                         unless the seating capacity of such bus                      
                         is at least 20 adults (not including the                     
                         driver).                                                     
               Petitioners argue that they would be entitled to a payment             
          under section 6421(b)(1)(A) and therefore entitled to claim an              
          income tax credit under section 34(a)(2).  Respondent contends              
          that petitioners do not meet the requirements for claiming a                
          payment under section 6421(b)(1)(A).                                        
               There are three essential elements to a claim for payment              
          under section 6421(b)(1)(A) in situations (like this one) where             
          the seating capacity of each vehicle is fewer than 20 adults.  A            
          taxpayer must establish that the excise tax was paid on gasoline            
          (1) used in an automobile bus, (2) while engaged in furnishing              
          (for compensation) passenger land transportation available to the           
          general public, and (3) which was scheduled along regular routes.           
          See sec. 6421.  We shall address these elements separately.                 
          II. “Automobile Bus” Requirement                                            
               Petitioners argue that the vans and 4-door sedans used to              
          transport passengers qualify as “buses”.  Whether a sedan or van            






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Last modified: May 25, 2011