Treasury Regulations (26 C.F.R.)

26 CFR § 48.4083-1

Taxable fuel; administrative authority.

Official textecfr.govlast amended

# (a)

In general—(1) Authority to inspect. Officers or employees of the IRS designated by the Commissioner, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized to enter any place and to conduct inspections in accordance with paragraphs (a) through (c) of this section.

(2) Reasonableness. Inspections will be performed in a reasonable manner and at times that are reasonable under the circumstances, taking into consideration the normal business hours of the place to be entered.

# (b)

Place of inspection—(1) In general. Inspections may be at any place at which taxable fuel is (or may be) produced or stored or at any inspection site where evidence of activities described in section 6715(a) may be discovered. These places may include, but are not limited to—

(i) Any terminal;

(ii) Any fuel storage facility that is not a terminal;

(iii) Any retail fuel facility; or

(iv) Any designated inspection site.

(2) Designated inspection sites. A designated inspection site is any State highway inspection station, weigh station, agricultural inspection station, mobile station, or other location designated by the Commissioner to be used as a fuel inspection site. A designated inspection site will be identified as a fuel inspection site.

# (c)

Scope of inspection—(1) Inspection. Officers or employees may physically inspect, examine or otherwise search any tank, reservoir, or other container that can or may be used for the production, storage, or transportation of fuel, fuel dyes, or fuel markers. Inspection may also be made of any equipment used for, or in connection with, production, storage, or transportation of fuel, fuel dyes, or fuel markers. This includes any equipment used for the dyeing or marking of fuel. This also includes books and records, if any, that are maintained at the place of inspection and are kept to determine excise tax liability under section 4081.

(2) Detainment. Officers or employees may detain any vehicle or train for the purpose of inspecting its fuel tanks and storage tanks. Detainment will be either on the premises under inspection or at a designated inspection site. Detainment may continue for such reasonable period of time as is necessary to determine the amount and composition of the fuel.

(3) Removal of samples. Officers or employees may take and remove samples of fuel in such quantities as are reasonably necessary to determine the composition of the fuel.

# (d) Refusal to submit to inspection.

For the penalty for any refusal to permit an entry or inspection authorized by this section, see section 4083(c)(3). This penalty is in addition to any tax that may be imposed by section 4041 or 4081 and any penalty that may be imposed by section 6715.

# (e) Effective date.

This section is effective January 1, 1994.

[T.D. 8659, 61 FR 10458, Mar. 14, 1996, as amended by T.D. 8685, 61 FR 58007, Nov. 12, 1996; T.D. 8879, 65 FR 17159, Mar. 31, 2000]

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In this part (40 sections)
  1. 48.4073-1 · Exemption of tires of certain sizes.
  2. 48.4073-2 · Exemption of tires with internal wire fastening.
  3. 48.4073-3 · Exemption of tread rubber used for recapping nonhighway…
  4. 48.4073-4 · Other tax-free sales.
  5. 48.4081-1 · Taxable fuel; definitions.
  6. 48.4081-2 · Taxable fuel; tax on removal at a terminal rack.
  7. 48.4081-3 · Taxable fuel; taxable events other than removal at the…
  8. 48.4081-4 · Gasoline; special rules for gasoline blendstocks.
  9. 48.4081-5 · Taxable fuel; notification certificate of taxable fuel…
  10. 48.4081-6 · Gasoline; gasohol.
  11. 48.4081-7 · Taxable fuel; conditions for refunds of taxable fuel tax…
  12. 48.4081-8 · Taxable fuel; measurement.
  13. 48.4082-1 · Diesel fuel and kerosene; exemption for dyed fuel.
  14. 48.4082-1T · Diesel fuel and kerosene; exemption for dyed fuel…
  15. 48.4082-2 · Diesel fuel and kerosene; notice required for dyed fuel.
  16. 48.4082-3 · Diesel fuel and kerosene; visual inspection devices.…
  17. 48.4082-4 · Diesel fuel and kerosene; back-up tax.
  18. 48.4082-5 · Diesel fuel and kerosene; Alaska.
  19. 48.4082-6 · Kerosene; exemption for aviation-grade kerosene.
  20. 48.4082-7 · Kerosene; exemption for feedstock purposes.
  21. 48.4083-1 · Taxable fuel; administrative authority.
  22. 48.4091-3 · [Reserved]
  23. 48.4101-1 · Taxable fuel; registration.
  24. 48.4101-2 · Information reporting.
  25. 48.4102-1 · Inspection of records by State or local tax officers.
  26. 48.4121-1 · Imposition and rate of tax on coal.
  27. 48.4161(a) · (a) [Reserved]
  28. 48.4161(a)-1 · (a)-1 Imposition and rate of tax; fishing equipment.
  29. 48.4161(a)-2 · (a)-2 Meaning of terms.
  30. 48.4161(a)-3 · (a)-3 Parts and accessories.
  31. 48.4161(a)-4 · (a)-4 Use considered sale.
  32. 48.4161(a)-5 · (a)-5 Tax-free sales.
  33. 48.4161(b) · (b) [Reserved]
  34. 48.4161(b)-1 · (b)-1 Imposition and rates of tax; bows and arrows.
  35. 48.4161(b)-2 · (b)-2 Meaning of terms.
  36. 48.4161(b)-3 · (b)-3 Use considered sale.
  37. 48.4161(b)-4 · (b)-4 Tax-free sales.
  38. 48.4161(b)-5 · (b)-5 Effective date.
  39. 48.4191-1 · Imposition and rate of tax.
  40. 48.4191-2 · Taxable medical device.
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