- 11 - a gross income from the property which excludes amounts received for transportation or refining, etc. Petitioners do not fall within the category of an integrated producer. See Exxon Corp. and Subsidiaries v. United States, 88 F.3d 968, 970 (Fed. Cir. 1996); Exxon Corp. v. Commissioner, supra, and cases discussed therein. Another of petitioners' arguments is that their lease agreement with Shell provides that petitioners should receive their royalty income "free of cost", which petitioners construe to mean that Shell should bear the liability for all taxes related to the lease, including those imposed on them. This argument fails because, whatever the scope of the phrase "free of cost", the agreement of one party to pay the other's taxes is not binding on respondent and does not alter liability for such taxes under the Code. Pesch v. Commissioner, 78 T.C. 100, 129 (1982); Neeman v. Commissioner, 13 T.C. 397, 399 (1949), affd. 200 F.2d 560 (2d Cir. 1952); Humbert v. Commissioner, 24 B.T.A. 828, 829 (1931). Petitioners seek to share Shell's status as an integrated oil producer in order to be able to utilize a "market price" measurement for percentage depletion allowance but without regard to the fact that an integrated producer was not entitled to percentage depletion during the taxable years before us under section 613A (effective for taxable years commencing afterPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011