- 2 - general tax principles, the subject payment is a deposit in the nature of a loan and is not includable in income in 1988 under Commissioner v. Indianapolis Power & Light Co., 493 U.S. 203 (1990). Ps further argue that A's right of recoupment is a production payment under sec. 636(a), with the result that the transaction must be treated as a loan. In support thereof, Ps assert that sec. 1.636-3(a)(1), Income Tax Regs., is invalid to the extent it limits the definition of production payment to interests which are economic interests in the mineral in place. Held: A's payment is an advance payment for the purchase of gas under the gas purchase contract and is includable in M's income in the year received. Held, further, sec. 1.636- (a)(1), Income Tax Regs., is valid and, A's right of recoupment is not a production payment under sec. 636(a). Frederick R. Parker, Jr., and W. Deryl Medlin, for petitioners. Martin M. Van Brauman and Josh O. Ungerman, for respondent. OPINION WHALEN, Judge: These consolidated cases are before the Court to decide petitioners' motion for summary judgment. The issue presented by petitioners' motion is whether a payment received in settlement of a contractual dispute involving a so-called take or pay contract for the purchase and sale of natural gas is includable in petitioners' income in the year received, as respondentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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