These comments are being submitted on behalf of FutureFuel Chemical
Company, FFCC, regarding proposed rulemaking pertaining to Alcohol Fuel and
Biodiesel; Renewable Diesel; Alternative Fuel; Diesel-Water Fuel Emulsion;
Taxable Fuel Definitions; Excise Tax Returns (REG-155087-05).
1. FFCC requests that the IRS implement the provision in P.L. 110-343 that
allows all biodiesel, regardless of feedstock used to produce the fuel, to claim the
$1 per gallon biodiesel blenders excise tax in a timely manner consistent with the
Jan 1, 2009 effective date in P.L. 110-343.
2. FFCC requests the IRS to revise Notice 2007-37 to relfect the change in P.L.
110-343 that clarifies that co-produced renewable diesel does not qualify for the $1
per gallon renewable diesel tax incentive.
3. FFCC requests the IRS to use authority provided in P.L. 110-343 to close
the "splash & dash" loophole that currently exists.
4. FFCC implores the IRS to recognize that the change in the Proposed
Regulations that would make B99.9 taxable fuel without regard to existing IRS
regulations pertaining to excluded liquids would have a SIGNIFICANT impact on
the US biodiesel industry, in particular below the rack sales. However, IRS
implementation of an ExStars-based reporting requirement to track below the rack
biodiesel sales would have an even more ONEROUS impact on the industry.
Comment on FR Doc # E8-17270
This is comment on Proposed Rule
Alcohol Fuel and Biodiesel; Renewable Diesel; Alternative Fuel; Diesel-Water Fuel Emulsion; Taxable Fuel Definitions; Excise Tax Returns
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