Hi Thor-

The federal definition of "fuel" includes any substance capable of releasing 
energy or power by combustion or other chemical or physical reaction. That 
about covers anything other than sneeze power. Looks like all of those SVO 
conversions are liable for unpaid road tax. I believe the minimum fine for 
using a vehicle on the road with untaxed fuel is $2000. (tax section 6714 
(a)(3))

Tom


In a message dated 7/27/02 1:00:39 PM, [EMAIL PROTECTED] writes:

<< 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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