Western Waste Indus. v. Commissioner
United States Tax Court
Ps claimed fuel tax credit pursuant to secs. 34, 6427, and 4041, I.R.C., for the taxable year ending June 30, 1988, for fuel tax incurred with respect to Ps' registered, diesel-powered, highway vehicles. Each of Ps' vehicles had a single motor, which was used not only to drive the vehicle, but also to operate a power takeoff unit, which powered the vehicle's hydraulic system.
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Ps claimed fuel tax credit pursuant to secs. 34, 6427, and 4041, I.R.C., for the taxable year ending June 30, 1988, for fuel tax incurred with respect to Ps' registered, diesel-powered, highway vehicles. Each of Ps' vehicles had a single motor, which was used not only to drive the vehicle, but also to operate a power takeoff unit, which powered the vehicle's hydraulic system. R disallowed the fuel tax credits claimed by Ps on the ground that sec. 48.4041-7, Manufacturers & Retailers Excise Tax Regs., provides that all fuel used by any single-motor diesel-powered highway vehicle that is…
1Opinion of the Court
OPINION
Hamblen, Chief Judge:
By statutory notice of deficiency dated March 6, 1992, respondent determined a deficiency in petitioners’ Federal corporate income tax for the taxable year ending June 30, 1988, in the amount of $150,123. Pursuant to the provisions of section 48.4041-7, Manufacturers & Retailers Excise Tax Regs., respondent contends that petitioners are not entitled to an income tax credit under section 34 in respect of excise tax imposed by section 4041(a)(1) on fuel used by petitioners’ vehicles that have a single motor and a power takeoff unit to power the vehicles’ internal…
2Cases cited27 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Welch v. HelveringSupreme Court of the United States · 1933
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Crane v. CommissionerSupreme Court of the United States · 1947
- Bingler v. JohnsonSupreme Court of the United States · 1969
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3Cited by4 opinions
- Snap-Drape v. CommissionerUnited States Tax Court · 1995
- KLEINSMITH v. COMMISSIONERUnited States Tax Court · 2001
- Snap-Drape v. CommissionerUnited States Tax Court · 1995
- Western Waste Indus. v. CommissionerUnited States Tax Court · 1995