Tom,

Any idea if SVO counts as a personal use fuel?

thor

--- [EMAIL PROTECTED] wrote:
> Hi Keith,
> 
> I try to keep myself far from legal matters as
> possible, but here is my 
> belief. Commerce is defined under federal codes as
> selling or bartering. I 
> don't have a reference to that, but it should not be
> hard to confirm.  As you 
> imply, it is hard to document barter arrangements,
> but if something was to go 
> big scale, it could be a vulnerability for federal
> prosecution.
> 
> Road tax is supposed to be paid on all fuel used for
> road transportation. 
> This is the basis of the multi-thousand dollar fines
> some truckers have paid 
> when it was discovered that they were using un-taxed
> fuel in trucks. As you 
> know, the standard test for that is to put a few
> drops of fuel from a suspect 
> tank on a piece of blotter paper and look for the
> tell-tale red dye of 
> untaxed fuel. But, surprise, no red dye in
> biodiesel, so the chances of 
> getting caught are less. So far no one has reported
> this situation to my 
> knowledge. And yes, tax is due on personal use fuel-
> quarterly on the Excise 
> Tax forms for federal road tax, and ususally monthly
> on state tax forms. The 
> postage alone will cost more than the tax payments
> for the personal user.  I 
> paid over $700 last year in federal and state tax
> payments, but the EPA says 
> they will use that as evidence I'm violating 40CFR79
> if I make more tax 
> payments for other than personal use, so I've
> stopped for a while until this 
> gets sorted out.
> 
> Tom Leue
> 
> In a message dated 7/26/02 11:25:27 PM,
> [EMAIL PROTECTED] writes:
> 
> << Hello again Tom
> 
> >In a message dated 7/22/02 10:11:41 PM,
> [EMAIL PROTECTED] writes:
> >
> ><< Hello Tom
> 
> <snip>
> 
> >The EPA says they will
> > >fine small producers up to $25,000 a day if they
> find your are putting
> > >biodiesel fuel into "commerce", meaning selling
> it or bartering it.
> >
> >Bartering it? They actually specify that?
> >
> >---Yeah, its the legal definition of "commerce"---
> 
> Sorry, whose definition? The EPA's specifically, in
> this context? Or 
> generally? Barter might be commerce, but it's
> virtually impossible to 
> regulate it. Or even to prove it, if you're smart,
> seems to me. Two 
> parties give each other gifts on a semi-regular
> basis. So?
> 
> By the way, if you are selling it, who pays the road
> tax? Is there 
> any road tax on fuel you make yourself for your own
> use in the US?
> 
> Keith >>
> 
> 


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