- 3 - is whether the Ontario Mining Tax (OMT) is creditable under section 901. We hold that it is. Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the years in issue. Rule references are to the Tax Court Rules of Practice and Procedure. FINDINGS OF FACT Some of the facts have been stipulated and are so found. A. Petitioner and Kidd Creek Mine Petitioner was a Delaware corporation the principal place of business of which was in Stamford, Connecticut, when it filed the petition. Petitioner is the successor in interest to Texasgulf Inc., a Texas corporation which filed consolidated Federal income tax returns for taxable years 1978, 1979, 1980, and 1981, as the parent of Texasgulf Canada. Texasgulf Canada discovered the Kidd Creek mineral reserves near Timmins, Ontario, Canada, in 1964. Texasgulf Canada explored the reserves, acquired some land claims from current owners, and began to develop the reserves. Texasgulf Canada was incorporated in Delaware in 1965 as Ecstall Mining Ltd. (Ecstall). In 1966, Texasgulf Canada transferred the Kidd Creek land claims to Ecstall. At that time, the property had a significant amount of mineral reserves and substantial value. Ecstall began mining and concentrating operations at Kidd Creek Mine in 1966. Kidd Creek Mine is anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011