- 15 - of any favorable tax considerations and it is the objective of the General Partner to realize such a profit. The opinion letter claimed that the Coburn report provided a basis for concluding that Stonehurst had the requisite profit motive under section 183 to support the deduction of trade or business expenses. The opinion letter concluded that the limited partners would have sufficient amounts “at risk” under section 465 to be entitled to the deductions projected for 1979 when Stonehurst incurred liability upon execution of the turnkey contract with R.H. Energy and execution of the sublease with Craig. The opinion letter analyzed various aspects of the minimum annual royalties, concluding that they met the requirements of “Rev. Rul. 77-789”,8 because they were nonrefundable, and were deductible under sec. 1.612-3(b), Income Tax Regs., as “substantially uniform payments” because the accruals were properly considered “payments”. The opinion letter also concluded, provided drilling was completed within 12 months of Stonehurst’s incurring liability under the turnkey contract, that the entire intangible drilling cost accrued in 1979 would be deductible by the partnership. Despite the air of certitude of the opinion letter, the Memorandum warned that the tax returns of 8 This was a typographical error in the opinion letter. The Internal Revenue Service had issued Rev. Rul. 77-489, 1977-2 C.B. 177.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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