About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

GAO-16-746R 1 (2016-08-08)

handle is hein.gao/gaobaakct0001 and id is 1 raw text is: 




c(AO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


August 8, 2016

The Honorable John Thune
Chairman
The Honorable Bill Nelson
Ranking Member
Committee on Commerce, Science, and Transportation
United States Senate

The Honorable Bill Shuster
Chairman
The Honorable Peter DeFazio
Ranking Member
Committee on Transportation and Infrastructure
House of Representatives

Airport and Airway Trust Fund: Less Than Half of Noncommercial Jet Fuel Tax Receipts
Are Transferred

Ensuring excise tax compliance on highway motor fuel has been an ongoing concern for federal
agencies for decades. While several legislative changes were enacted in the 1980s and
1990s to reduce incentives to evade motor fuel taxes, in 2002, the Internal Revenue Service
(IRS) testified that increases in federal and state excise tax rates had increased incentives for
tax evasion. In testimony, the IRS identified several examples of fuel fraud, including the misuse
of tax exemptions to evade excise taxes on diesel fuel, the transfer of motor fuel across state or
local boundaries, the smuggling of motor fuel into the United States, and illegally blending motor
fuel with other substances to reduce the effective excise tax rate.1 Similarly, in 2003, the
Secretary of Transportation called fuel fraud a serious and growing problem that requires an
equally serious Federal response.2 At that time, the Department of Transportation's Inspector
General testified that the Federal Highway Administration (FHWA) estimated that motor fuel tax
evasion activities reduced excise tax receipts, which serve as a funding mechanism for and are
deposited into the Highway Trust Fund, by at least $1 billion annually.3

Among the various types of fuel tax fraud, federal officials raised concerns about the diversion
of jet fuel to diesel truck use because jet fuel taxes were lower than those for diesel. At the time,
the two fuels were largely substitutable, but the federal excise tax for diesel fuel ($0.244 per
gallon) was greater than the federal excise tax for jet fuel used in commercial aviation ($0.044


'Joseph Brimacombe, Deputy Director of Compliance, Small Business and Self Operating Divisions, IRS. Schemes,
Scams, and Cons: Fuel Tax Fraud, testimony before the S. Comm. on Finance, 107th Cong. 64-76 (2002).
2Secretary of Transportation Norman Y. Mineta. SAFETEA: Reauthorization of Surface Transportation Programs,
testimony before the S. Subcomm. on Transportation and Infrastructure, Comm. on Environment and Public Works,
108th Cong. 27-33 (2003).
3Ken Mead, Inspector General, Department of Transportation, Office, Management of Cost Drivers
on Federal-aid Highway Projects, testimony before the U.S. House of Representatives, Subcomm. on Transportation,
Treasury and Independent Agencies, Comm. on Appropriations, 108th Congress (2003).


GAO-16-746R, Airport and Airway Trust Fund

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most