Title 26 of the Internal Revenue Code regulates the use of dyed diesel. The IRS also has enforcement agents that can check your tanks. The reason most of you see DOT enforcing the IRS rule is the IRS does not have authority to stop you in traffic. They must follow you to the farm.
With that said........ You MUST have a exemption to use red fuel. And not all off road vehicles have a exemption; and not all on road vehicles can not get a exemption.
Such as school buses are used on the highway but in most states they are exempt from road tax and can use red fuel.
On the other hand a train uses red fuel but detailed records must be kept because they pay a reduced tax rate. Not totally exempt. And when was the last time you saw a train on the interstate???
I know you guys have heard that the IRS has been hiring new agents. Now you know what some of them are doing.
The problem is the interpretation of federal law. The farm bureau has been fighting cases like this in Washington state for a while now. Other states are having similar problems.
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