Page:United States Statutes at Large Volume 121.djvu/2501

 121 STAT. 2480

PUBLIC LAW 110–172—DEC. 29, 2007 (2) Paragraph (6) of section 41(f) is amended by adding at the end the following new subparagraph: ‘‘(E) ENERGY RESEARCH.—The term ‘energy research’ does not include any research which is not qualified research.’’. (d) AMENDMENTS RELATED TO SECTION 1362 OF THE ACT.— (1)(A) Paragraph (1) of section 4041(d) is amended by adding at the end the following new sentence: ‘‘No tax shall be imposed under the preceding sentence on the sale or use of any liquid if tax was imposed with respect to such liquid under section 4081 at the Leaking Underground Storage Tank Trust Fund financing rate.’’. (B) Paragraph (3) of section 4042(b) is amended to read as follows: ‘‘(3) EXCEPTION FOR FUEL ON WHICH LEAKING UNDERGROUND

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STORAGE TANK TRUST IMPOSED.—The Leaking

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Underground Storage Tank Trust Fund financing rate under paragraph (2)(B) shall not apply to the use of any fuel if tax was imposed with respect to such fuel under section 4041(d) or 4081 at the Leaking Underground Storage Tank Trust Fund financing rate.’’. (C) Notwithstanding section 6430 of the Internal Revenue Code of 1986, a refund, credit, or payment may be made under subchapter B of chapter 65 of such Code for taxes imposed with respect to any liquid after September 30, 2005, and before the date of the enactment of this Act under section 4041(d)(1) or 4042 of such Code at the Leaking Underground Storage Tank Trust Fund financing rate to the extent that tax was imposed with respect to such liquid under section 4081 at the Leaking Underground Storage Tank Trust Fund financing rate. (2)(A) Paragraph (5) of section 4041(d) is amended— (i) by striking ‘‘(other than with respect to any sale for export under paragraph (3) thereof)’’, and (ii) by adding at the end the following new sentence: ‘‘The preceding sentence shall not apply with respect to subsection (g)(3) and so much of subsection (g)(1) as relates to vessels (within the meaning of section 4221(d)(3)) employed in foreign trade or trade between the United States and any of its possessions.’’. (B) Section 4082 is amended— (i) by striking ‘‘(other than such tax at the Leaking Underground Storage Tank Trust Fund financing rate imposed in all cases other than for export)’’ in subsection (a), and (ii) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, and by inserting after subsection (e) the following new subsection: ‘‘(f) EXCEPTION FOR LEAKING UNDERGROUND STORAGE TANK TRUST FUND FINANCING RATE.— ‘‘(1) IN GENERAL.—Subsection (a) shall not apply to the tax imposed under section 4081 at the Leaking Underground Storage Tank Trust Fund financing rate. ‘‘(2) EXCEPTION FOR EXPORT, ETC.—Paragraph (1) shall not apply with respect to any fuel if the Secretary determines that such fuel is destined for export or for use by the purchaser as supplies for vessels (within the meaning of section 4221(d)(3))

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