Union Texas International Corporation, f.k.a. Union Texas Petroleum Corporation - Page 39

                                        - 39 -                                         
          Court of Appeals for the Fifth Circuit was not faced with the                
          issue herein of whether a taxpayer must figure the NIL                       
          consistently under sections 613 and 4988.  Rather, the issues in             
          Shell Oil Co. v. Commissioner, supra, concerned the attribution              
          and allocation of expenses for the calculation of the taxable                
          income from the taxpayer's oil and gas properties under section              
          1.613-5(a), Income Tax Regs., for purposes of the WPT NIL.  As               
          discussed supra note 16, in the instant cases we never reach the             
          issue of whether petitioners' allocation method is defensible                
          under cost accounting principles, because we find based on                   
          respondent's threshold argument that petitioners are bound by                
          their original computations.                                                 
               Thus, based on the record and the facts discussed herein, we            
          hold that petitioners are not entitled to recompute Petroleum's              
          WPT NIL computations for the taxable periods of 1983, 1984, and              
          1985, where the recomputations do not follow the percentage                  
          depletion calculations claimed on their original Federal income              
          tax returns.                                                                 
          To reflect the foregoing,                                                    


                                        Decisions will be entered                      
          under Rule 155.                                                              









Page:  Previous  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  

Last modified: May 25, 2011