- 35 - above, if the transaction did not involve an economic interest in the mineral in place, then the owner of the mineral would not necessarily derive ordinary income in the year of the transaction in the amount of the consideration paid for the interest, but would continue to be taxed on the income derived from the mineral property without regard to the transaction. Christie v. United States, 436 F.2d 1216 (5th Cir. 1971). Contrary to petitioners' argument, we find no basis to conclude that Congress intended to apply section 636 "in all cases without regard to whether the 'purchaser' acquired an interest in the minerals which would constitute an 'economic interest' within the traditional meaning of the term." We conclude that Congress intended section 636 to apply only when the production payment qualifies as an economic interest in the mineral in place. Accordingly, we reject petitioners' argument that section 1.636-3(a)(1), Income Tax Regs., is not consistent with the congressional purpose in enacting section 636 because it limits the definition of the term "production payment" to a right to production which is "an economic interest in such mineral in place". The principal question presented by petitioners' motion for summary judgment is whether, under general tax principles, Arkla's payment is an advance payment for gasPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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