- 99 - Lamont Gas Plant At the outset, we note that petitioner reported the gain realized from its sale of the Lamont gas plant in 1984 as ordinary income. In the subject notice of deficiency, respondent recharacterized the gain as a capital gain, pursuant to section 1231. Petitioner does not take issue with respondent’s determination that the gain from the sale of the Lamont gas plant is subject to section 1231. Petitioner purchased, operated, and expanded the Lamont gas plant as part of its main cooperative effort of producing petroleum-based goods for its patrons. During the time petitioner owned the plant, virtually all of the natural gas liquids produced there were either sold to petitioner’s patrons or used in producing gasoline for sale to its patrons. The sale of the Lamont gas plant took place after feasibility studies suggested that advantages would be gained in expanding petitioner’s natural gas liquids plants in Texas. The bulk of the proceeds of the sale of the Lamont gas plant went to expanding the Texas plants in order to enable petitioner to realize those advantages for the benefit of its patrons. Accordingly, we find that the gain from the sale of the Lamont gas plant was realized inPage: Previous 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Next
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