- 27 - successor corporation, NorAm Gas Transmission Co. (NorAm), and one by an attorney for NorAm. The issues in this case involve the tax treatment of the consideration paid by Arkla under the Settlement Agreement, as opposed to Arkla's right of recoupment set forth in paragraph 2 of the Settlement Agreement. However, the first issue presented by petitioners' motion for summary judgment is whether Arkla's right of recoupment is a carved-out production payment, as described by section 636(a), such that the settlement transaction must be treated as a mortgage loan on the mineral property. Section 636(a) provides as follows: SEC. 636(a). Carved-out Production Payment. --A production payment carved out of mineral property shall be treated, for purposes of this subtitle, as if it were a mortgage loan on the property, and shall not qualify as an economic interest in the mineral property. In the case of a production payment carved out for exploration or development of a mineral property, the pre- ceding sentence shall apply only if and to the extent gross income from the property (for purposes of section 613) would be realized, in the absence of the application of such sentence, by the person creating the production payment. The regulations promulgated under section 636(a) define the term “production payment” to mean "in general, a right to a specified share of the production from mineral in place (if, as, and when produced), or the proceeds from such production. Such right must be an economic interest inPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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