Page:United States Statutes at Large Volume 104 Part 2.djvu/837

 PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-429 cents" for "5 cents". If no alcohol in such mixture is ethanol, the preceding sentence shall be applied by substituting "5.56 cents" for "6.22 cents". (3) LlABILITY FOR TAX AND METHOD OF PAYMENT.— (A) LIABILITY FOR TAX.— A person holding gasoline or diesel fuel on December 1, 1990, to which the tex imposed by paragraph (1) applies shall be liable for such tax. (B) METHOD OF PAYMENT.—The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) TIME FOR PAYMENT.—The tax imposed by paragraph (1) shall be paid on or before May 31, 1991. (4) DEFINITIONS.—For purposes of this subsection— (A) HELD BY A PERSON.— Gasoline and diesel fuel shall be considered as "held by a person" if title thereto has passed to such person (whether or not delivery to the person has been made). (B) GASOLINE.—The term "gasoline" has the meaning given such term by section 4082 of such Code. (C) DIESEL FUEL.— The term "diesel fuel" has the meaning given such term by section 4092 of such Code. (D) SECRETARY.— The term "Secretary" means the Secretary of the Treasury or his delegate. (5) EXCEPTION FOR EXEMPT USES.— The tsix imposed by paragraph (1) shall not apply to gasoline or diesel fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 or 4091 of such Code, as the case may be, is allowable for such use. (6) EXCEPTION FOR FUEL HELD IN VEHICLE TANK.—No tax shall be imposed by paragraph (1) on gasoline or diesel fuel held in the tank of a motor vehicle or motorboat. (7) EXCEPTION FOR CERTAIN AMOUNTS OF FUEL.— (A) IN GENERAL. —No tax shall be imposed by paragraph (D- (i) on gasoline held on December 1, 1990, by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (ii) on diesel fuel held on December 1, 1990, by any person if the aggregate amount of diesel fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (B) EXEMPT FUEL.— For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (5) or (6). (C) CONTROLLED GROUPS. —For purposes of this paragraph, rules similar to the rules of paragraph (6) of section 11201(e) of this Act shall apply. (8) OTHER LAWS APPLICABLE. — All previsions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such (Dode in the case of gasoline and section 4091 of such Code in the case of diesel fuel shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by para-

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