- 31 - situation was unusual because most OMT taxpayers could and did claim a processing allowance equal to 65 percent of the maximum combined profits. Thus, the use of the processing allowance by Caland was not typical. For the foregoing reasons, we conclude that we are not bound by Inland Steel in deciding this case.9 Respondent points out that Inland Steel Co. v. United States, supra, focused on the significance of expenses that are nonrecoverable under the OMT. As discussed in paragraph C-4, supra p. 25, we need not decide whether the nonrecoverable expenses are significant under section 1.901-2(b)(4)(i)(A), Income Tax Regs., because we hold that petitioner meets the requirements under section 1.901-2(b)(4)(i)(B), Income Tax Regs. In Texasgulf, Inc. v. United States, 17 Cl. Ct. 275 (1989), the U.S. Claims Court granted the Government's motion for partial summary judgment. The U.S. Claims Court later modified that ruling in an unpublished order. Texasgulf, Inc. v. United States, No. 532-83T (Cl. Ct., Apr. 16, 1992) (order partially denying summary judgment). In that order, the U.S. Claims Court reaffirmed its opinion in Texasgulf, Inc. v. United States, supra, that nonrecoverable expenses under the OMT were significant as a matter of law under Inland Steel Co. v. United States, 677 F.2d at 85. However, in that order, the U.S. Claims 9We note also that exploration expenses were not recoverable in Inland Steel Co. v. United States, 230 Ct. Cl. 314, 677 F.2d 72 (1982), but are fully recoverable in the years in issue.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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