Sharon Lee Bartlett, F.K.A. Heitzman - Page 15

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               of any favorable tax considerations and it is the                      
               objective of the General Partner to realize such a                     
               profit.                                                                
          The opinion letter claimed that the Coburn report provided a                
          basis for concluding that Stonehurst had the requisite profit               
          motive under section 183 to support the deduction of trade or               
          business expenses.                                                          
               The opinion letter concluded that the limited partners would           
          have sufficient amounts “at risk” under section 465 to be                   
          entitled to the deductions projected for 1979 when Stonehurst               
          incurred liability upon execution of the turnkey contract with              
          R.H. Energy and execution of the sublease with Craig.  The                  
          opinion letter analyzed various aspects of the minimum annual               
          royalties, concluding that they met the requirements of “Rev.               
          Rul. 77-789”,8 because they were nonrefundable, and were                    
          deductible under sec. 1.612-3(b), Income Tax Regs., as                      
          “substantially uniform payments” because the accruals were                  
          properly considered “payments”.  The opinion letter also                    
          concluded, provided drilling was completed within 12 months of              
          Stonehurst’s incurring liability under the turnkey contract, that           
          the entire intangible drilling cost accrued in 1979 would be                
          deductible by the partnership.  Despite the air of certitude of             
          the opinion letter, the Memorandum warned that the tax returns of           



               8 This was a typographical error in the opinion letter.  The           
          Internal Revenue Service had issued Rev. Rul. 77-489, 1977-2 C.B.           
          177.                                                                        


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