- 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 calculatingPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011