- 31 -                                         
               On the basis of the entire record, we are convinced tt not              
          merely in form, but in substance, Products acted as an agent for             
          Petroleum and pursuant to the service agreement did not purchase             
          any of the propane that it marketed for Petroleum.  We note that             
          Petroleum's production was not necessary for Products to meet its            
          supply obligations to Texgas because Products was able to obtain             
          all the propane it needed from sources other than Petroleum.                 
          Furthermore, it was Petroleum, not Products, that bore the risk              
          of loss if any propane bills remained unpaid.  Thus, as discussed            
          supra, we find as a fact that Petroleum, under the service                   
          agreement, retained title to its propane until Products sold the             
          propane on Petroleum's behalf.  Accordingly, we hold that                    
          Products did not acquire Petroleum's propane for resale to                   
          Texgas, and that Petroleum, pursuant to section 613A(d)(2)(A) and            
          section 1.613A-7(r)(2), Income Tax Regs., is not deemed to be                
          selling its propane through Texgas, a retail outlet operated by              
          Products, a related person.  Therefore, Petroleum qualifies as an            
          independent producer for the taxable years in issue.                         
          Issue 3.  Recomputation of Petroleum's WPT NIL Computations                  
               Background                                                              
               On its original Federal income tax returns for each of the              
          taxable years in issue, Petroleum claimed percentage depletion as            
          an independent producer.  With certain statutory modifications,              
          Petroleum's original percentage depletion NIL calculations                   
          paralleled its original WPT NIL calculations.  When calculating              
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