Page:United States Statutes at Large Volume 90 Part 2.djvu/1019

 PUBLIC LAW 94-530—OCT. 17, 1976

90 STAT. 24fli7

Public Law 94-530 94th Congress An Act To amend the Internal Revenue Code of 1954 to exempt certain aircraft museums from Federal fuel taxes and the Federal tax on the use of civil aircraft, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 4041 of the Internal Revenue Code of 1954 (relating to tax on special fuels) is 'amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: " (h) E X E M P T I O N FOR U S E BY CERTAIN AIRCRAFT M U S E U M S. —

Oct. 17, 1976 [H.R. 10101]

Taxes. Certain aircraft museums, fuel tax exemption.

26 USC 4041.

" (1) EXEMPTION.—Under regulations prescribed by the Secre- Regulations, t a r y or his delegate, no tax shall be imposed under this section on any liquid sold for use or used by an aircraft museum in a n aircraft or vehicle owned by such museum and used exclusively for purposes set forth in paragraph (2)(C). " (2) DEFINITION OF AIRCRAFT M U S E U M. — For purposes of t h i s

subsection, the term 'aircraft' means an organization— " (A) described in section 501(c)(3) which is exempt from 26 USC 501 income tax under section 501(a), " (B) operated as a museum under charter by a State or the District of Columbia, and " (C) operated exclusively for the procurement, care, and exhibition of aircraft of the type used for combat or transport in W o r l d W a r II. ". (b) Section 6427 of such Code (relating to fuels not used for tax- 26 USC 6427. able purposes) is amended by redesignating subsections (d) through (h) as subsections / e) through (i), respectively, and by inserting after subsection (c) the ifolio wing new subsection: " (d) U S E BY CERTAIN AIRCRAFT M U S E U M S. — E x c e p t as provided in

subsection (g), if— " (1) any gasoline on which tax was imposed by section 4081, or " (2) a n v fuel on the sale of which tax was imposed under section 4041," is used by an aircraft museum (as defined in section 4041(h)(2)) in Supra. an aircraft or vehicle owned by such museum and used exclusively for purposes set forth in section 4041(h)(2)(C), the Secretary or his delegate shall p a y (without interest) to the ultimate purchaser of such gasoline or fuel an amount equal to the aggregate amount of the tax imposed on such,q:asoline or fuel." (c)(1) Subsections (a)(4) and (c) of section 39 of such Code are 26 USC 39 each amended by striking out " 6 4 2 7 (f) " and inserting in lieu thereof "6427(g)". (2) Subsections (a), (b)(1), and (c) of section 6427 of such Code are each amended by striking out " (f) " and inserting in lieu thereof (3) Subsection (e)(1) of such section 6427, as redesignated, is amended by striking out " (a), (b), or (c) " and inserting in lieu thereof"(a),(b), (c),or(d)". (4) Subsection (e)(2) of such section 6427, as redesignated, is amended by striking out " (a) and (b) " and inserting in lieu thereof "(a),(b),and(d)".

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