- 7 -7 terminated on September 20, 1991, upon expiration of the second extension. OPINION Section 29(a) allows a tax credit for qualified fuels produced by a taxpayer and sold to an unrelated person. Section 29 includes "biomass" within its definition of "qualified fuels". For petitioner's 1989 and 1990 tax years, biomass was defined as "any organic material which is an alternate substance (as defined in section 48(l)(3)(B)) other than coal (including lignite) or any product of such coal." Sec. 29(c)(3). For petitioner's 1991 tax year, biomass was defined as "any organic material other than (A) oil and natural gas (or any product thereof), and (B) coal (including lignite) or any product thereof." Sec. 29(c)(3). Petitioner bears the burden of proving its entitlement to the credits. See Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 400 (1934). For the reasons discussed below, we conclude that petitioner did not sell its qualified fuel and thus is not entitled to the credits. Petitioner contends that WTC leased "Area B" from petitioner and that petitioner provided utilities to WTC as part of the lease. Accordingly, petitioner contends that it "sold" biomass to WTC, because petitioner "took on the role of a Utility Company". Petitioner bases its contention on paragraph 10 of the Agreement, which stated that WTC was to make a monthly payment ofPage: Previous 1 2 3 4 5 6 7 8 9 Next
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