Federal appeals court reinstates challenge on coal truck tax

LOUISVILLE, Ky. (AP) - A split federal appeals court has
reinstated a challenge on how the federal government taxes trucks
used to haul coal from mines to loading areas.
By a 2-1 vote, the U.S. 6th Circuit Court of Appeals said U.S.
District Judge David Bunning erred in ruling for the Internal
Revenue Service in a tax dispute with Worldwide Equipment Inc., of
Prestonsburg, Ky.
Worldwide Equipment sued the federal government in 2004,
challenging a $119,302 tax levied on a type of truck it sold. The
IRS countersued, saying Worldwide Equipment owed $1.1 million for
failing to pay taxes on multiple trucks sold from 1999-2003.
At issue is whether the trucks were designed primarily for
off-road use, which would make them exempt from the tax, or for use
on state and federal highways, in which case the tax would apply.

(Copyright 2010 by The Associated Press. All Rights Reserved.)

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