- 2 -2 related statutes, and FERC regulations, determinations concerning tight formation gas were required for both the field in which a well was situated and the individual well. R determined that sec. 29, through reference to NGPA sec. 503, required individual well- category determinations to qualify for the tax credit. P contends and R does not deny that but for the lack of a certification under NGPA sec. 503, the well in question would meet the qualifications for tight formation gas. P contends that meeting the qualification by definition (in substance) should suffice and that actual certification is unnecessary. Held: Sec. 29, I.R.C., when read in conjunction with the provisions of NGPA sec. 503 and related materials, requires an individual well tight formation gas determination under the procedures of NGPA sec. 503 as prerequisite to tax credit eligibility. Douglas A. Pluss and Ronald M. Morris, for petitioner. Richard D. D'Estrada, for respondent. GERBER, Judge: Respondent mailed to True Oil Co. (petitioner), as tax matters partner, notices of final partnership administrative adjustment with respect to Nielson- True Partnership for the taxable years 1991 and 1992. The sole adjustment and issue concerns respondent's disallowance of section 291 credits in the amounts of $10,170 and $4,394 for 1991 and 1992, respectively.2 1 Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the taxable years at issue, and Rule references are to this Court's Rules of Practice and Procedure. 2 These cases were consolidated for purposes of trial, briefing, and opinion.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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