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GAO-10-93R 1 (2009-11-05)

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       A xoutbilnty IIntegrity *Reliability
United States Government Accountability Office
Washington, DC 20548


         November 5, 2009

         The Honorable Calvin L. Scovel III
         Inspector General
         Department of Transportation
         Subject: Applying Agreed-Upon Procedures: Fiscal Year 2009 Highway Trust
                  Fund Excise Taxes

         Dear Mr. Scovel:

         We have performed the procedures described in the enclosure to this letter, which we
         agreed to perform and with which you concurred, solely to assist your office in
         ascertaining whether the net excise tax revenue distributed to the Highway Trust
         Fund (HTF) for the fiscal year ended September 30, 2009, is supported by the
         underlying records. As agreed with your office, we evaluated fiscal year 2009 activity
         affecting excise tax distributions to the HTF.

         We conducted the engagement in accordance with U.S. generally accepted
         government auditing standards, which incorporate certain financial audit and
         attestation standards established by the American Institute of Certified Public
         Accountants.

         You are responsible for the adequacy of these agreed-upon procedures to meet your
         objectives, and we make no representation in that respect. The procedures we agreed
         to perform were related to (1) transactions that represent the underlying basis of
         amounts distributed from the general fund to the HTF during fiscal year 2009, (2) the
         Internal Revenue Service's (IRS) quarterly HTF receipt certifications during fiscal
         year 2009, (3) the Department of the Treasury's Financial Management Service
         adjustments to HTF excise tax distributions during fiscal year 2009, (4) the
         Department of the Treasury's Office of Tax Analysis's (OTA) process for estimating
         excise tax amounts to be distributed to the HTF for the fourth quarter of fiscal year
         2009, (5) adjustments to the HTF for tax on kerosene used in aviation during fiscal
         year 2009, and (6) the amount of net excise taxes distributed to the HTF during fiscal
         year 2009. The enclosure provides more detail on the agreed-upon procedures and
         our results.

         We were not engaged to perform, and did not perform, an examination, the objective
         of which would have been to express an opinion on the amount of net excise taxes
         distributed to the HTF during fiscal year 2009. Accordingly, we do not express such
         an opinion. Had we performed additional procedures, other matters might have come
         to our attention that we would have reported to you. We completed the agreed-upon
         procedures on October 28, 2009.


GAO-10-93R Highway Trust Fund Excise Tax Procedures