I 
112TH CONGRESS 
1ST SESSION H. R. 1889 
To amend the Internal Revenue Code of 1986 to suspend the excise tax 
on highway motor fuels, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2011 
Mr. SHULER introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to suspend 
the excise tax on highway motor fuels, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Gas Tax Holiday Act’’. 
SEC. 2. SUSPENSION OF FUEL TAXES ON HIGHWAY MOTOR 
FUELS. 
(a) IN GENERAL.—Section 4081 of the Internal Rev-
enue Code of 1986 (relating to imposition of tax on motor 
and aviation fuels) is amended by adding at the end the 
following new subsection: 
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‘‘(f) SUSPENSION
OF
HIGHWAY
MOTOR
FUEL 
TAXES.— 
‘‘(1) IN GENERAL.—During the suspension pe-
riod, the tax imposed by section 4041 or 4081 on 
highway motor fuel shall be suspended. 
‘‘(2) DEFINITIONS.—For purposes of this sub-
section— 
‘‘(A) SUSPENSION
PERIOD.—The term 
‘suspension period’ means the 45-day period be-
ginning 7 days after the date of enactment of 
this subsection. 
‘‘(B) HIGHWAY MOTOR FUEL.—The term 
‘highway motor fuel’ means any fuel subject to 
tax under section 4041 or 4081 other than 
aviation gasoline and aviation-grade kerosene.’’. 
(b) MAINTENANCE
OF TRUST FUNDS DEPOSITS; 
AMOUNTS APPROPRIATED TO TRUST FUNDS TREATED AS 
TAXES.— 
(1) IN
GENERAL.—There is hereby appro-
priated (out of any money in the Treasury not other-
wise appropriated) to each trust fund which would 
(but for this subsection) receive reduced revenues as 
a result of a suspension in a rate of tax by reason 
of section 4081(f)(1) of the Internal Revenue Code 
of 1986 (as added by this section) an amount equal 
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to such reduction in revenues. Amounts appropriated 
by the preceding sentence to any trust fund— 
(A) shall be transferred from the general 
fund at such times and in such manner as to 
replicate to the extent possible the transfers 
which would have occurred had subsection (a) 
not been enacted, and 
(B) shall be treated for all purposes of 
Federal law as taxes received under the appro-
priate section referred to in such section 
4081(f)(1). 
(2) MITIGATION
OF
POTENTIAL
IMPACT
ON 
TRUST
FUNDS.—Appropriations by paragraph (1) 
shall include such amounts as are necessary to miti-
gate potential impacts on such trust funds due to in-
curring costs associated with such reduction in reve-
nues. 
(c) CONSUMERS TO BENEFIT FROM SUSPENSION.— 
It is the sense of Congress that consumers should imme-
diately receive the benefit of the 18.4 cents per gallon tax 
reduction by reason of the amendment made by section 
(a). 
(d) EFFECTIVE DATE.—The amendment made by 
this section shall take effect on the date of the enactment 
of this Act. 
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(e) FLOOR STOCK REFUNDS.— 
(1) IN GENERAL.—If— 
(A) before the tax suspension date, tax has 
been imposed under section 4081 of the Inter-
nal Revenue Code of 1986 on any highway 
motor fuel, and 
(B) on such date such fuel is held by a 
dealer and has not been used and is intended 
for sale, 
there shall be credited or refunded (without interest) 
to the person who paid such tax (hereafter in this 
subsection referred to as the ‘‘taxpayer’’) an amount 
equal to the excess of the tax paid by the taxpayer 
over the tax which would be imposed on such fuel 
had the taxable event occurred on such date. 
(2) TIME FOR FILING CLAIMS.—No credit or re-
fund shall be allowed or made under this subsection 
unless— 
(A) claim therefor is filed with the Sec-
retary of the Treasury before the date which is 
6 months after the tax suspension date based 
on a request submitted to the taxpayer before 
the date which is 3 months after the tax sus-
pension date by the dealer who held the high-
way motor fuel on such date, and 
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(B) the taxpayer has repaid or agreed to 
repay the amount so claimed to such dealer or 
has obtained the written consent of such dealer 
to the allowance of the credit or the making of 
the refund. 
(3) EXCEPTION
FOR
FUEL
HELD
IN
RETAIL 
STOCKS.—No credit or refund shall be allowed under 
this subsection with respect to any highway motor 
fuel in retail stocks held at the place where intended 
to be sold at retail. 
(4) DEFINITIONS.—For purposes of this sub-
section— 
(A) TAX
SUSPENSION
DATE.—The term 
‘‘tax suspension date’’ means the first day of 
any suspension period in effect under section 
4081(f) of the Internal Revenue Code of 1986 
(as added by subsection (a) of this section). 
(B) OTHER TERMS.—The terms ‘‘dealer’’ 
and ‘‘held by a dealer’’ have the respective 
meanings given to such terms by section 6412 
of such Code. 
(5) CERTAIN RULES TO APPLY.—Rules similar 
to the rules of subsections (b) and (c) of section 
6412 of such Code shall apply for purposes of this 
subsection. 
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(f) FLOOR STOCKS TAX.— 
(1) IMPOSITION OF TAX.—In the case of any 
highway motor fuel which is held on the tax restora-
tion date by any person, there is hereby imposed a 
floor stocks tax equal to the excess of the tax which 
would be imposed on such fuel had the taxable event 
occurred on such date over the tax (if any) pre-
viously paid (and not credited or refunded) on such 
fuel. 
(2) LIABILITY FOR TAX AND METHOD OF PAY-
MENT.— 
(A) LIABILITY
FOR
TAX.—The person 
holding highway motor fuel on the tax restora-
tion date to which the tax imposed by para-
graph (1) applies shall be liable for such tax. 
(B) METHOD OF PAYMENT.—The tax im-
posed by paragraph (1) shall be paid in such 
manner as the Secretary shall prescribe. 
(C) TIME
FOR
PAYMENT.—The tax im-
posed by paragraph (1) shall be paid on or be-
fore the 45th day after the tax restoration date. 
(3) DEFINITIONS.—For purposes of this sub-
section— 
(A) TAX RESTORATION DATE.—The term 
‘‘tax restoration date’’ means the first day after 
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the end of the suspension period (as defined in 
section 4081(f) of the Internal Revenue Code of 
1986). 
(B) HIGHWAY
MOTOR
FUEL.—The term 
‘‘highway motor fuel’’ has the meaning given to 
such term by section 4081(f) of such Code. 
(C) HELD
BY
A
PERSON.—A highway 
motor fuel shall be considered as held by a per-
son if title thereto has passed to such person 
(whether or not delivery to the person has been 
made). 
(D) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of the Treasury or the 
Secretary’s delegate. 
(4) EXCEPTION FOR EXEMPT USES.—The tax 
imposed by paragraph (1) shall not apply to any 
highway motor fuel held by any person exclusively 
for any use to the extent a credit or refund of the 
tax is allowable for such use. 
(5) EXCEPTION
FOR
CERTAIN
AMOUNTS
OF 
FUEL.— 
(A) IN
GENERAL.—No tax shall be im-
posed by paragraph (1) on any highway motor 
fuel held on the tax restoration date by any per-
son if the aggregate amount of such highway 
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motor fuel held by such person on such date 
does not exceed 2,000 gallons. The preceding 
sentence shall apply only if such person submits 
to the Secretary (at the time and in the manner 
required by the Secretary) such information as 
the Secretary shall require for purposes of this 
subparagraph. 
(B) EXEMPT FUEL.—For purposes of sub-
paragraph (A), there shall not be taken into ac-
count any highway motor fuel held by any per-
son which is exempt from the tax imposed by 
paragraph (1) by reason of paragraph (4). 
(C) CONTROLLED GROUPS.—For purposes 
of this subsection— 
(i) CORPORATIONS.— 
(I) IN
GENERAL.—All persons 
treated as a controlled group shall be 
treated as 1 person. 
(II) CONTROLLED
GROUP.—The 
term ‘‘controlled group’’ has the 
meaning given to such term by sub-
section (a) of section 1563 of such 
Code; except that for such purposes 
the phrase ‘‘more than 50 percent’’ 
shall be substituted for the phrase ‘‘at 
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least 80 percent’’ each place it ap-
pears in such subsection. 
(ii) 
NONINCORPORATED
PERSONS 
UNDER COMMON CONTROL.—Under regula-
tions prescribed by the Secretary, prin-
ciples similar to the principles of subpara-
graph (A) shall apply to a group of per-
sons under common control if 1 or more of 
such persons is not a corporation. 
(6) OTHER LAWS APPLICABLE.—All provisions 
of law, including penalties, applicable with respect to 
the taxes imposed by section 4081 of such Code 
shall, insofar as applicable and not inconsistent with 
the provisions of this subsection, apply with respect 
to the floor stock taxes imposed by paragraph (1) to 
the same extent as if such taxes were imposed by 
such section. 
SEC. 3. DENIAL OF TAX BENEFITS TO CERTAIN OIL AND 
GAS COMPANIES. 
(a) AMORTIZATION
OF
GEOLOGICAL
AND
GEO-
PHYSICAL EXPENDITURES.— 
(1) IN GENERAL.—Subparagraph (A) of section 
167(h)(5) of the Internal Revenue Code of 1986 is 
amended by inserting ‘‘(and for the 1-year period 
beginning on the date of enactment of the Gas Tax 
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Holiday Act, any company which is not a small, 
independent oil and gas company)’’ after ‘‘major in-
tegrated oil company,’’. 
(2) CONFORMING AMENDMENT.—The heading 
for paragraph (5) of section 167(h) of such Code is 
amended by inserting ‘‘AND
OTHER
LARGE
TAX-
PAYERS’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to amounts paid or in-
curred after the date of the enactment of this Act. 
(b) PRODUCING OIL
AND GAS FROM MARGINAL 
WELLS.— 
(1) IN GENERAL.—Section 45I of the Internal 
Revenue Code of 1986 is amended by adding at the 
end the following new subsection: 
‘‘(e) EXCEPTION
FOR TAXPAYER WHO IS NOT 
SMALL, INDEPENDENT OIL AND GAS COMPANY.— 
‘‘(1) IN GENERAL.—In the case of the first tax-
able year beginning after the date of the enactment 
of the Gas Tax Holiday Act, subsection (a) shall not 
apply to any taxpayer which is not a small, inde-
pendent oil and gas company. 
‘‘(2) AGGREGATION
RULE.—For purposes of 
paragraph (1), all persons treated as a single em-
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ployer under subsections (a) and (b) of section 52 
shall be treated as 1 person.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to credits determined 
for taxable years beginning after the date of the en-
actment of this Act. 
(c) ENHANCED OIL RECOVERY CREDIT.— 
(1) IN GENERAL.—Section 43 of the Internal 
Revenue Code of 1986 is amended by adding at the 
end the following new subsection: 
‘‘(f) EXCEPTION
FOR TAXPAYER WHO IS NOT 
SMALL, INDEPENDENT OIL AND GAS COMPANY.— 
‘‘(1) IN GENERAL.—In the case of the first tax-
able year beginning after the date of the enactment 
of the Gas Tax Holiday Act, subsection (a) shall not 
apply to any taxpayer which is not a small, inde-
pendent oil and gas company. 
‘‘(2) AGGREGATION
RULE.—For purposes of 
paragraph (1), all persons treated as a single em-
ployer under subsections (a) and (b) of section 52 
shall be treated as 1 person.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to amounts paid or in-
curred in taxable years beginning after the date of 
the enactment of this Act. 
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(d) INTANGIBLE
DRILLING
AND
DEVELOPMENT 
COSTS IN THE CASE OF OIL AND GAS WELLS.— 
(1) IN
GENERAL.—Subsection (c) of section 
263 of the Internal Revenue Code of 1986 is amend-
ed by adding at the end the following new sentence: 
‘‘This subsection shall not apply to amounts paid or 
incurred by a taxpayer for the 1-year period begin-
ning on the date of the enactment of the Gas Tax 
Holiday Act which is not a small, independent oil 
and gas company, determined by deeming all per-
sons treated as a single employer under subsections 
(a) and (b) of section 52 as 1 person.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall apply to amounts paid or in-
curred in taxable years beginning after the date of 
the enactment of this Act. 
(e) PERCENTAGE DEPLETION.— 
(1) IN GENERAL.—Section 613A of the Internal 
Revenue Code of 1986 is amended by adding at the 
end the following new subsection: 
‘‘(f) EXCEPTION
FOR TAXPAYER WHO IS NOT 
SMALL, INDEPENDENT OIL AND GAS COMPANY.— 
‘‘(1) IN GENERAL.—In the case of the first tax-
able year beginning after the date of the enactment 
of the Gas Tax Holiday Act, this section and section 
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611 shall not apply to any taxpayer which is not a 
small, independent oil and gas company. 
‘‘(2) AGGREGATION
RULE.—For purposes of 
paragraph (1), all persons treated as a single em-
ployer under subsections (a) and (b) of section 52 
shall be treated as 1 person.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
613A(c)(1) of such Code is amended by striking 
‘‘subsection (d)’’ and inserting ‘‘subsections (d) and 
(f)’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to taxable years begin-
ning after the date of the enactment of this Act. 
(f) TERTIARY INJECTANTS.— 
(1) IN GENERAL.—Section 193 of the Internal 
Revenue Code of 1986 is amended by adding at the 
end the following new subsection: 
‘‘(d) EXCEPTION
FOR TAXPAYER WHO IS NOT 
SMALL, INDEPENDENT OIL AND GAS COMPANY.— 
‘‘(1) IN GENERAL.—In the case of the first tax-
able year beginning after the date of the enactment 
of the Gas Tax Holiday Act, subsection (a) shall not 
apply to any taxpayer which is not a small, inde-
pendent oil and gas company. 
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‘‘(2) EXCEPTION FOR QUALIFIED CARBON DI-
OXIDE
DISPOSED
IN
SECURE
GEOLOGICAL
STOR-
AGE.—Paragraph (1) shall not apply in the case of 
any qualified tertiary injectant expense paid or in-
curred for any tertiary injectant is qualified carbon 
dioxide (as defined in section 45Q(b)) which is dis-
posed of by the taxpayer in secure geological storage 
(as defined by section 45Q(d)). 
‘‘(3) AGGREGATION
RULE.—For purposes of 
paragraph (1), all persons treated as a single em-
ployer under subsections (a) and (b) of section 52 
shall be treated as 1 person.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall apply to expenses incurred 
after the date of the enactment of this Act. 
(g) PASSIVE ACTIVITY LOSSES AND CREDITS LIM-
ITED.—Paragraph (3) of section 469(c) of the Internal 
Revenue Code of 1986 is amended by adding at the end 
the following: 
‘‘(C) EXCEPTION FOR TAXPAYER WHO IS 
NOT SMALL, INDEPENDENT OIL AND GAS COM-
PANY.— 
‘‘(i) IN GENERAL.—In the case of the 
first taxable year beginning after the date 
of the enactment of the Gas Tax Holiday 
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Act, subparagraph (A) shall not apply to 
any taxpayer which is not a small, inde-
pendent oil and gas company. 
‘‘(ii) AGGREGATION RULE.—For pur-
poses of clause (i), all persons treated as 
a single employer under subsections (a) 
and (b) of section 52 shall be treated as 1 
person.’’. 
(h) INCOME ATTRIBUTABLE TO DOMESTIC PRODUC-
TION ACTIVITIES.— 
(1) IN GENERAL.—Section 199 of the Internal 
Revenue Code of 1986 is amended by adding at the 
end the following new subsection: 
‘‘(e) EXCEPTION
FOR TAXPAYER WHO IS NOT 
SMALL, INDEPENDENT OIL AND GAS COMPANY.—In the 
case of the first taxable year beginning after the date of 
the enactment of the Gas Tax Holiday Act, subsection (a) 
shall not apply to the income derived from the production, 
transportation, or distribution of oil, natural gas, or any 
primary product (within the meaning of subsection (d)(9)) 
thereof by any taxpayer which is an oil and gas company 
which is not a small, independent oil and gas company.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall apply to taxable years begin-
ning after the date of the enactment of this Act. 
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(i) PROHIBITION ON USING LAST-IN, FIRST-OUT AC-
COUNTING FOR MAJOR INTEGRATED OIL COMPANIES.— 
(1) IN GENERAL.—Section 472 of the Internal 
Revenue Code of 1986 is amended by adding at the 
end the following new subsection: 
‘‘(h) CERTAIN OIL COMPANIES.—Notwithstanding 
any other provision of this section, an oil and gas company 
which is not a small, independent oil and gas company 
may not use the method provided in subsection (b) in 
inventorying of any goods.’’. 
(2) EFFECTIVE DATE AND SPECIAL RULE.— 
(A) IN GENERAL.—The amendment made 
by paragraph (1) shall apply to taxable years 
beginning after the date of the enactment of 
this Act. 
(B) CHANGE
IN
METHOD
OF
ACCOUNT-
ING.—In the case of any taxpayer required by 
the amendment made by this paragraph to 
change its method of accounting for its first 
taxable year beginning after the date of the en-
actment of this Act— 
(i) such change shall be treated as ini-
tiated by the taxpayer, 
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(ii) such change shall be treated as 
made with the consent of the Secretary of 
the Treasury, and 
(iii) the net amount of the adjust-
ments required to be taken into account by 
the taxpayer under section 481 of the In-
ternal Revenue Code of 1986 shall be 
taken into account ratably over a period 
(not greater than 8 taxable years) begin-
ning with such first taxable year. 
(j) MODIFICATIONS OF FOREIGN TAX CREDIT RULES 
APPLICABLE TO DUAL CAPACITY TAXPAYERS.— 
(1) IN GENERAL.—Section 901 of the Internal 
Revenue Code of 1986 is amended by redesignating 
subsection (n) as subsection (o) and by inserting 
after subsection (m) the following new subsection: 
‘‘(n) SPECIAL RULES RELATING TO DUAL CAPACITY 
TAXPAYERS.— 
‘‘(1) GENERAL
RULE.—Notwithstanding any 
other provision of this chapter, any amount paid or 
accrued by a dual capacity taxpayer to a foreign 
country or possession of the United States for any 
period with respect to combined foreign oil and gas 
income (as defined in section 907(b)(1)) shall not be 
considered a tax to the extent such amount exceeds 
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the amount (determined in accordance with regula-
tions) which would have been required to be paid if 
the taxpayer were not a dual capacity taxpayer. 
‘‘(2) DUAL
CAPACITY
TAXPAYER.—For pur-
poses of this subsection, the term ‘dual capacity tax-
payer’ means, with respect to any foreign country or 
possession of the United States, a person who— 
‘‘(A) is subject to a levy of such country or 
possession, and 
‘‘(B) receives (or will receive) directly or 
indirectly a specific economic benefit (as deter-
mined in accordance with regulations) from 
such country or possession.’’. 
(2) EFFECTIVE DATE.— 
(A) IN GENERAL.—The amendments made 
by this subsection shall apply to taxes paid or 
accrued in taxable years beginning after the 
date of the enactment of this Act. 
(B) 
CONTRARY
TREATY
OBLIGATIONS 
UPHELD.—The amendments made by this sub-
section shall not apply to the extent contrary to 
any treaty obligation of the United States. 
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SEC. 4. RULES RELATING TO RECEIPTS AND EXPENDI-
TURES FROM TREASURY. 
(a) EXTENSION OF SECTION 3 PROVISIONS.—If the 
Secretary of the Treasury determines that the expendi-
tures from the Federal Treasury required to carry out the 
provisions of section 2 of this Act are greater than the 
revenues raised by the provisions of section 3 of this Act, 
the Secretary shall extend the period for which the provi-
sions of section 3 are effective for such time as the Sec-
retary determines is necessary to raise sufficient revenues 
to equal such expenditures. 
(b) USE OF EXCESS REVENUES FOR DEBT REDUC-
TION.—The excess revenues from the suspension of tax 
subsidies for oil and gas by reason of the amendments 
made by section 3 over the expenditures required to carry 
out the provisions of section 2 shall remain in the Treas-
ury for purposes of debt reduction. 
Æ 
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