[Code of Federal Regulations]
[Title 26, Volume 16]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR41.6001-1]

[Page 24-25]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 41_EXCISE TAX ON USE OF CERTAIN HIGHWAY MOTOR VEHICLES--Table of Contents
 
Subpart C_Administrative Provisions of Special Application to Tax On Use 
                    of Certain Highway Motor Vehicles
 
Sec. 41.6001-1  Records.


    (a) Records to be kept. Every person in whose name a highway motor 
vehicle having a taxable gross weight of at least 55,000 pounds is 
registered or required to be registered at any time during the taxable 
period shall keep records sufficient to enable the district director to 
determine whether such person is liable for the tax and, if so, the 
amount thereof. See Sec. 41.4482(b)-1 for the definition of taxable 
gross weight. Such records shall show with respect to each such vehicle:
    (1) A description of the vehicle (including serial number or 
manufacturer's number) in sufficient detail to permit positive 
identification of the vehicle.
    (2) The weight of the loads carried by the vehicle in such form as 
is required under the laws of any State in which the vehicle is 
registered or required to be registered, in order to permit verification 
of such vehicle's taxable gross weight.
    (3) In the case of any such vehicle acquired after June 30, 1956, 
the date on which such person acquired such vehicle and the name and 
address of the person from whom the vehicle was acquired.
    (4) The first month of each taxable period in which occurred a 
taxable use of each such vehicle while the vehicle was registered in the 
name of such person; information showing whether such vehicle was 
operated, while registered in the name of such person, in any prior 
month in such taxable period; and if such vehicle was so operated, 
evidence establishing that such operation was not a taxable use.
    (5) The date of sale or other transfer to another of any such 
vehicle, together with the name and address of the person to whom 
transferred.

[[Page 25]]

    (6) In the case of any such vehicle disposed of otherwise than by 
sale or other transfer (including disposition by theft or destruction), 
the date and method of disposition of the vehicle.
    (7) In the case of a secondhand highway motor vehicle acquired at 
any time in the taxable period, evidence showing whether there was a 
prior taxable use in such taxable period of the highway motor vehicle 
(see paragraph (b) of Sec. 41.4481-2) or whether there was a suspension 
of tax in effect (see Sec. 41.4483-3).
    (8) A copy of each return, schedule, statement, or other document 
filed, pursuant to the regulations in this part or in accordance with 
the instructions applicable to any form prescribed thereunder, by the 
person required to keep such records.
    (b) Transit systems. Every person engaged in the operation of a 
transit system who claims exemption from tax with respect to a transit-
type bus shall keep records sufficient to show, with respect to each 
taxable period, whether it meets the 60-percent passenger fare revenue 
test (see paragraph (e) of Sec. 41.4483-2) for the period prescribed as 
the test period (see paragraph (c) of Sec. 41.4483-2) for such system 
for such taxable period.
    (c) Exemption for vehicles used 5,000 miles or less. The owner of a 
highway motor vehicle who reasonably expects the vehicle to be exempt 
from the tax under section 4481(a) by reason of Sec. 41.4483-3(c) for a 
given taxable period shall keep records which indicate the reason that 
the use of the vehicle is not expected to exceed 5,000 miles on public 
highways.
    (d) Records of claimants. Any person claiming refund, credit, or 
abatement of the tax, interest, additional amount, addition to the tax, 
or assessable penalty, shall keep a complete and detailed record with 
respect to the claim.
    (e) Place and period for keeping records. (1) All records required 
by the regulations in this part shall be kept, by the person required to 
keep them, at a convenient and safe location within the United States 
which is accessible to internal revenue officers. Such records shall at 
all times be available for inspection by such officers. If such person 
has a principal place of business in the United States, the records 
shall be kept at such place of business.
    (2) Records required by paragraph (a) of this section shall be 
maintained for a period of at least 3 years after the date the tax 
becomes due or the date the tax is paid, whichever is the later. Records 
required by paragraphs (b) and (c) of this section shall be maintained 
for a period of at least 3 years after the end of the taxable period for 
which such exemption applies. Records required by paragraph (d) of this 
section (including any record required by paragraphs (a), (b), or (c) of 
this section which relates to a claim) shall be maintained for a period 
of at least 3 years after the date the claim is filed.

[T.D. 6216, 21 FR 9645, Dec. 6, 1956, as amended by T.D. 6743, 29 FR 
7932, June 23, 1964; T.D. 8027, 50 FR 21250, May 23, 1985; T.D. 8879, 65 
FR 17154, Mar. 31, 2000]