Norstam Veneers, Inc. A Kentucky Corporation - Page 8

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            $1,368 to petitioner for the use of "Area B", and on paragraph 4                           
            of the Agreement, which stated that petitioner was to furnish                              
            "such systems and utilities" as required to accommodate the safe                           
            and efficient use of the WTC Equipment.                                                    
                  Petitioner made a similar argument in United States v.                               
            Norstam Veneers, Inc., 95-1 USTC (CCH) par. 50,034,                                        
            75 AFTR2d 95-591 (S.D. Ind. 1994).  In that case, petitioner                               
            litigated its entitlement to section 29 credits for its 1987 and                           
            1988 tax years (i.e., tax years preceding its Agreement with WTC)                          
            and contended that, because biomass was an integral part of the                            
            process by which veneer was produced, the biomass had become part                          
            of the product and was thereby "sold" to an unrelated person.                              
                  The District Court rejected Norstam's argument.  The court                           
            noted that section 29 required a sale of a qualified fuel--not                             
            merely of products produced through the use of a qualified fuel.                           
            The court stated that Norstam's position confused process with                             
            product.  "Using Norstam's logic," the court wrote, "we could                              
            similarly argue that Indiana corn, if eaten by Norstam workers,                            
            powered the muscles which helped produce the veneer, and thus is                           
            also part of Norstam's product."  Id.                                                      
                  Petitioner's argument in the present case is equally                                 
            unpersuasive.  Petitioner's position is undermined by the express                          
            terms of the Agreement.  The Agreement contains no indication                              
            that part of WTC's "fixed payment" to petitioner was intended to                           
            pay for the purchase of biomass.  Indeed, the Agreement provided                           




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