Texasgulf Inc. and Subsidiaries, as Successor in Interest to Texasgulf Inc. and Subsidiaries - Page 31

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          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          ruling in an unpublished order.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.                 




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