>> Better check again.
>
[quoted text clipped - 3 lines]
> stuff is the dye in the farm diesel - and there may be a minor
> difference in the amount of tax collected.
>>> Better check again.
>>
[quoted text clipped - 8 lines]
>a minumum $12,000 fine if caught with the red diesel in a vehicle on
>the highway.
Where did you get the "minimum $12,000" figure? I can't find a source
for a fine that large.
However, see http://www.irs.gov/irm/part20/ch01s19.html, a portion of
the "Internal Revenue Manual (IRM)". I quote below from that IRS
document.
Begin quote:
IRS=>20.1.10.15.1.1 (01-01-2006)
IRS=>Improper Sale of Dyed Fuel
IRS=>
IRS=> 1. The penalty is imposed if any dyed fuel is sold or held for
IRS=>sale by any person for any use that such person knows or has
IRS=>reason to know is not a nontaxable use of such fuel.
IRS=> 2. "Nontaxable use" has the meaning given to the term by IRC
IRS=>section 4082(b) , Nontaxable use.
IRS=>
IRS=>20.1.10.15.1.2 (01-01-2006)
IRS=>Improper Use of Dyed Fuel
IRS=>
IRS=> 1. The penalty is imposed if any dyed fuel is held for use or
IRS=>used by any person for a use other than a nontaxable use and such
IRS=>person knew, or had reason to know, that such fuel was so dyed.
IRS=>
IRS=>20.1.10.15.1.3 (01-01-2006)
IRS=>Willful Alteration of Dye Concentration
IRS=>
IRS=> 1. The penalty is imposed if any person willfully alters, or
IRS=>attempts to alter, the strength or composition of any dye or
IRS=>marking done pursuant to IRC section 4082 in any dyed fuel.
IRS=>
IRS=>...
IRS=>
IRS=>20.1.10.15.3 (01-01-2006)
IRS=>Penalty Computation
IRS=>
IRS=> 1. For the first violation, the amount of the penalty on each
IRS=>act is the greater of
IRS=> 1. $1,000, or
IRS=> 2. $10 for each gallon of the dyed fuel involved.
IRS=>
IRS=> 2. For additional violations, the amount in (1)(a) is
IRS=>determined by multiplying $1,000 times the number of prior
IRS=>penalties imposed by IRC 6715 on such person (or a related person
IRS=>or any predecessor of such person or related person).
IRS=> 1. For example, if 50 gallons of dyed fuel is involved
IRS=>in a persons first violation, the penalty would be $1,000
IRS=>because that amount is greater than 50 X $10. If 150 gallons of
IRS=>dyed fuel is involved in that persons second violation, the
IRS=>penalty would be $2,000 because that amount ($1,000 X 2
IRS=>violations) is greater than 150 X $10.
End quote.
As I read the above, the penalty imposed by the IRS on a diesel pickup
found to be burning dyed (untaxed) fuel is $1,000 for a first offense,
the minimum fine, unless the pickup's tank capacity exceeds 100
gallons. Additional fines may be imposed by state enforcers. The
penalty is nowhere near the $12,000 figure you cite unless the
violations involve lots of gallons, or the offender repeatedly gets
caught and fined.
Still, one would need to burn a lot of untaxed fuel to save enough to
cover a single $1,000 fine.
>Tom J
Bob
Tom J - 26 Dec 2006 23:57 GMT
>> There is a big difference in the tax collected - that's the reason
>> it's red. There is no road tax collected, that's the reason you'll
[quoted text clipped - 4 lines]
> source
> for a fine that large.
The case I know about was in GA and the fines for the 1st time caught
was $12,000, including Federal & State fines. This "farmer" installed
a tank on his "farm" and ran all his vehicles out of that tank and no
farm equipment was ever envolved. The fine was on all the fuel he
purchased before being caught. There was probation on top of the fine
but I don't remember for how long.
Tom J
Yabahoobs - 29 Dec 2006 23:37 GMT
Wow that's crazy...
When I worked for a very fancy shmancy golf course in my area, we
always filled up our powerstroke dump truck with red-dyed diesel...same
as what we put in our J. Deere tractors...
The amount of times I drove that truck around to get stuff from
vendors...Man I coulda fined my boss straight outta his office. Guess
I was lucky on the Jersey roads.