Union Texas International Corporation, f.k.a. Union Texas Petroleum Corporation - Page 3

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          6512(b)1, claiming overpayments of WPT for the taxable periods of            
          1983, 1984, and 1985, respectively, in the following amounts:                
          $6,107,901, $5,969,611, and $7,931,434, resulting from a                     
          recomputation of the WPT net income limitation (NIL), or WPT NIL.            
               After concessions by the parties2, the issues for decision              
          are:  (1) Whether petitioner, Energy, should be equitably                    
          estopped to deny that the limitations period for the taxable                 
          periods of 1985 were extended properly under section 6501(c)(4).             
          We hold it should.  (2) Whether, pursuant to section 613A(d)(2),             
          Union Texas Petroleum Corporation (Old Petroleum) and Union Texas            
          Petroleum Corporation (New Petroleum), f.k.a. Union Texas                    
          Properties Corporation (Properties) were independent producers               
          during the taxable years in issue.  We hold they were.                       
          (3) Whether petitioners are entitled to recompute Old Petroleum's            
          and New Petroleum's WPT NIL computations for the taxable periods             
          of 1983, 1984, and 1985, where the recomputations do not follow              





          1    All section references are to the Internal Revenue Code in              
          effect for the years in issue, and all Rule references are to the            
          Tax Court Rules of Practice and Procedure, unless otherwise                  
          indicated.                                                                   
          2    Subject to the issues discussed herein, including the                   
          overpayment issue, petitioners conceded the remaining issues                 
          raised in the notices of deficiency and petitions.  Respondent               
          conceded that petitioners are entitled to exclude from gross                 
          income a ratable portion of the lease bonus payments made with               
          respect to producing properties for purposes of computing the WPT            
          NIL and that petitioners are entitled to capitalize lease bonus              
          payments in determining "as if" cost depletion.                              


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