- 11 - 1972-1 C.B. 721, the Commissioner changed this language to read exactly as the first sentence of asset class 13.2 reads today. See Rev. Proc. 77-10, 1977-1 C.B. 548. In making the latest change, the Commissioner noted explicitly that the change was "not intended to modify the composition of the existing classes of Rev. Proc. 72-10." Sec. 1.04 of Rev. Proc. 77-10, supra at 548. We conclude that the gathering systems are included in asset class 46.0, and we so hold. In so holding, we have considered the recent opinion of the U.S. District Court for the District of Wyoming, which reaches a contrary holding in a setting that is similar to the one at hand. See True v. United States, No. 96-CV-1050-J (D. Wyo. Nov. 3, 1997)(order granting motion for partial summary judgment). Although we agree with the District Court that the classification of assets for depreciation purposes rests on each asset's primary use, we do not agree that pipeline companies such as petitioner use gathering lines primarily to produce petroleum. The District Court did not consider the evolution of the language in asset class 13.2, which we find to be most helpful to our inquiry. The court also did not consider the industry definition of the word "production". We have carefully considered all arguments made by petitioner for a contrary holding and, to the extent not discussed above, find them to be irrelevant or without merit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011