Texasgulf Inc. and Subsidiaries, as Successor in Interest to Texasgulf Inc. and Subsidiaries - Page 3

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          is whether the Ontario Mining Tax (OMT) is creditable under                 
          section 901.  We hold that it is.                                           
               Unless otherwise indicated, section references are to the              
          Internal Revenue Code in effect for the years in issue.  Rule               
          references are to the Tax Court Rules of Practice and Procedure.            
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          A.   Petitioner and Kidd Creek Mine                                         
               Petitioner was a Delaware corporation the principal place of           
          business of which was in Stamford, Connecticut, when it filed the           
          petition.                                                                   
               Petitioner is the successor in interest to Texasgulf Inc., a           
          Texas corporation which filed consolidated Federal income tax               
          returns for taxable years 1978, 1979, 1980, and 1981, as the                
          parent of Texasgulf Canada.  Texasgulf Canada discovered the Kidd           
          Creek mineral reserves near Timmins, Ontario, Canada, in 1964.              
          Texasgulf Canada explored the reserves, acquired some land claims           
          from current owners, and began to develop the reserves.                     
               Texasgulf Canada was incorporated in Delaware in 1965 as               
          Ecstall Mining Ltd. (Ecstall).  In 1966, Texasgulf Canada                   
          transferred the Kidd Creek land claims to Ecstall.  At that time,           
          the property had a significant amount of mineral reserves and               
          substantial value.  Ecstall began mining and concentrating                  
          operations at Kidd Creek Mine in 1966.  Kidd Creek Mine is an               





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