Union Texas International Corporation, f.k.a. Union Texas Petroleum Corporation - Page 29

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          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.]                                            


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