- 10 - those sources qualifies under section 29(c)(1), S/V is entitled to claim a credit based on that 16,927 BOE’s of natural gas. A taxpayer may claim a section 29 credit only for nonconventional fuel sold to an unrelated person during the taxable year. See sec. 29(a)(2)(A). This requirement suggests double credits are not allowed because a producer would not sell the same fuel twice. Similarly, section 29(d)(5) defines BOE as an amount of fuel that contains 5.8 million Btu’s. This definition implies that double credits are not allowed for a BOE of fuel because the effect would be to give a credit for each 2.9 million Btu’s. Petitioner contends that the holding of True Oil Co. v. Commissioner, 170 F.3d 1294 (10th Cir. 1999), affg. Nielson-True Partnership v. Commissioner, 109 T.C. 112 (1997), is contrary to our conclusion. We disagree. True Oil Co. did not involve whether the taxpayer was entitled to a double credit. Section 29(c)(2)(A) provides that FERC, under NGPA, determines gas production classifications. We held in True Oil Co. v. Commissioner, supra, that FERC (not the taxpayer) must determine gas production classifications. Petitioner contends that our result is inconsistent with the NGPA and True Oil Co. v. Commissioner, supra. We disagree. We do not dispute that FERC determines gas production classification.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011