- 29 - Income Tax Regs.12, Petroleum was not an independent producer, because it sold propane through Texgas, a related retailer. Petitioners assert that Petroleum qualifies as an independent producer because it sold its propane in bulk to unrelated third parties and in no year did its own sales exceed $5 million. Respondent's argument is premised on the presumption that the 1982 reorganization was a "scheme" developed by Petroleum's tax department to allow Petroleum to qualify as an independent producer for the taxable years in issue. To foster the illusion that Petroleum's propane was being sold to unrelated third parties, respondent argues, Old Petroleum entered into the service agreement and exchange agreements with Products to disguise the fact that Petroleum was selling propane through Texgas. Thus, respondent contends that Products did not act as Petroleum's agent, but that it acquired (took title to) Petroleum's propane and subsequently sold the propane to Texgas. 11(...continued) therefrom, for the taxable year of all retail outlets taken into account for purposes of this paragraph do not exceed $5,000,000. * * * 12 Sec. 1.613A-7(r)(2), Income Tax Regs., provides in pertinent part: (2) * * * A taxpayer shall be deemed to be selling oil or natural gas (or a derivative product) through a retail outlet operated by a related person in any case in which a related person who operates a retail outlet acquires for resale oil or natural gas (or a derivative product) which the taxpayer produced or caused to be made available for acquisition by the related person pursuant to an arrangement whereby some or all of the taxpayer's production is marketed. * * * [Emphasis added.]Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011