Texasgulf Inc. and Subsidiaries, as Successor in Interest to Texasgulf Inc. and Subsidiaries - Page 33

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          either all, or none, of the taxpayers subject to it, regardless             
          of variations in how the tax applies to each taxpayer subject to            
          it.                                                                         
               Respondent contends that petitioner may not use aggregate              
          data to show that the OMT is creditable.  Respondent also                   
          contends that if we adopt petitioner’s position, the Commissioner           
          would be required to evaluate each OMT taxpayer every year to               
          determine whether its OMT payment was creditable.  We disagree.             
          Use of aggregate data is appropriate because a tax is or is not             
          creditable for all taxpayers subject to it.  This conclusion does           
          not require the Commissioner to evaluate each OMT taxpayer every            
          year to determine whether its OMT payment is creditable.                    
               3.   Whether the Processing Allowance Must Be Intended To              
                    Compensate for Nonrecoverable Expenses                            
               Respondent contends that, for the OMT to be creditable, the            
          processing allowance must be intended to compensate for                     
          nonrecoverable expenses.  Respondent points out that the                    
          processing allowance is computed without considering the amount             
          of nonrecoverable expenses and contends that the amount of one              
          bears no predictable relationship to the amount of the other.               
          Respondent contends that the fact that the processing allowance             
          exceeds nonrecoverable expenses for most OMT taxpayers does not             
          make the OMT creditable because that relationship is                        
          coincidental.  We disagree.                                                 






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