- 9 - nonproducers is a mere distinction without a difference and does not merit a different result herein. Nor do we find dispositive petitioner's reliance on the practice of the Federal Energy Regulatory Commission (FERC), with respect to gas transmission systems, on the one hand, and gas production and/or gathering facilities on the other. We find no evidence that FERC's practice on this subject has been adopted by either the Congress or the Commissioner of Internal Revenue (the Commissioner) in their promulgation of the laws, rules, and regulations which make up our Federal income tax regime. Petitioner argues that its gathering systems are included in asset class 13.2 because the systems are used by petroleum and natural gas producers to produce natural gas in that the systems are essential to the production and sale of gas in the market. We disagree with petitioner's conclusion. The mere fact that the gathering systems may have helped producers produce and sell their gas in the market does not mean that the systems are exploration or production assets within the realm of asset class 13.2. Nor is it dispositive here that some producers own their own gathering systems, which, in those cases, place the systems within asset class 13.2. The critical fact is that petitioner's gathering systems are not used by producers to produce gas. They are used primarily by a pipeline company to carry gas to aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011