104 STAT. 1388-434 PUBLIC LAW 101-508 —NOV. 5, 1990 "(t) GASOLINE, DIESEL FUEL, AND AVIATION FUEL USED TO PRODUCE CERTAIN ALCOHOL FUELS.— "(1) IN GENERAL.— Except as provided in subsection (k), if any gasoline, diesel fuel, or aviation fuel on which tax was imposed by section 4081 or 4091 at the regular tax rate is used by any person in producing a mixture described in section 4081(c), 4091(c)(l)(A), or 4091(d)(l)(A) (as the case may be) which is sold or used in such person's trade or business the Secretary shall pay (without interest) to such person an amount equal to the excess of the regular tax rate over the incentive tax rate with respect to such fuel. "(2) DEFINITIONS.—For purposes of paragraph (1)— "(A) REGULAR TAX RATE.— The term 'regular tax rate' means— "(i) in the case of gasoline, the aggregate rate of tax imposed by section 4081 determined without regard to subsection (c) thereof, "(ii) in the case of diesel fuel, the aggregate rate of tax imposed by section 4091 on such fuel determined without regard to subsection (c) thereof, and "(iii) in the case of aviation fuel, the aggregate rate of tax imposed by section 4091 on such fuel determined without regard to subsection (d) thereof. "(B) INCENTIVE TAX RATE.— The term 'incentive tax rate' means— "(i) in the case of gasoline, the aggregate rate of tax imposed by section 4081 with respect to fuel described in subsection (c)(1) thereof, "(ii) in the case of diesel fuel, the aggregate rate of tax imposed by section 4091 with respect to fuel described in subsection (c)(l)(B) thereof, and "(iii) in the case of aviation fuel, the aggregate rate of tax imposed by section 4091 with respect to fuel described in subsection (d)(l)(B) thereof. "(3) COORDINATION WITH OTHER REPAYMENT PROVISIONS.— No amount shall be payable under paragraph (1) with respect to any gasoline, diesel fuel, or aviation fuel with respect to which an amount is payable under subsection (d), (e), or (1) of this section or under section 6420 or 6421. "(4) TERMINATION.— Th is subsection shall not apply with respect to any mixture sold or used after September 30, 1995." 26 USC 4041 (4) EFFECTIVE DATE.— The amendments made by this subsec- "°*®- tion shall take effect on December 1, 1990. 26 USC 4041 (5) FLOOR STOCKS TAXES. — ° (A) IMPOSITION OF TAX.—In the case of aviation fuel on which tax was imposed under section 4041(c)(l) or 4091 of the Internal Revenue Code of 1986 before December 1, 1990, and which is held on such date by any person, there is hereby imposed a floor stocks tax on such fuel. (B) RATE OF TAX.— The rate of the tax imposed by subparagraph (A) shall be 3.5 cents per gallon. (C) LIABILITY FOR TAX AND METHOD OF PAYMENT. — (i) LIABILITY FOR TAX. —A person holding fuel on December 1, 1990, to which the tax imposed by this paragraph applies shall be liable for such tax.
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