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B-75409 1 (1978-04-21)

handle is hein.gao/gaobadtku0001 and id is 1 raw text is: 748 COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 B-75409 JA- The Honorable Charles A. Vanik House of Representatives Dear Mr. Vanik: Your letter of April 14, 1978, requested Our opinion on our audit authority under H. R. 11986, 95th Congress, the proposed Noisy Air- craft Revenue and Credit Act of 1978. Briefly, the bill would amend the Internal Revenue Code of 1964 by reducing certain existing taxes ( hich are for deposit into the Airport and Airway Trust Fund) on air transportation of persons and property, and would impose a new 2 percent excise tax to be paid by the person furnishing the trans- portation but passed through to the person paying for the transportation. The bill also provides for the credit or refund of a portion of these new taxes to an operator (defined in the bill as a person liable for the new taxes ho is engaged in the transportation of persons or property by air for hire or compensation) for purchasing new air- craft or retrofitting existing aircraft to meet noise abatement regu- lations. Finally, the bill would transfer to the Airport and Airway Trust Fund that portion of the new taxes determined by the Secretary of the Treasury as not needed for the credits or refunds. You state that you offered an amendment to the bill to provide for audit by the General Accounting Office (GAO) of the utilization of the new excise taxes, but that the amendment was defeated. You ask whether, under existing law or the language of H. R. 11986 as introduced, GAO would be able to audit the utilization of the diverted trust fund taxes to determine whether they are being used for their intended purpose. Under section 304 of the bill, a credit or refund may be allowed with respect to any qualifying expenditure only if the Secretary of the Treasury has received a certification of such expenditure from the Secretary of Transportation before July 1, 1985. Also, costs and qualified progress expenditures can be taken into account in determining credits or refunds only if certified by the Secretary of Transportation. Generally, without specific statutory authority, our audit authority does not extend to private persons or organizations. With respect to - ' -- ' ':. i, : : .-.::5. , :. ::: :......,....................-.. 7::.'.:.C' : : 7, . ..

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