119 T.C. No. 12 UNITED STATES TAX COURT CLAJON GAS CO., L.P., AQUILA GAS PIPELINE CORP., TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 15968-97. Filed October 25, 2002. Partnership C owned and operated natural gas gathering systems to transport gas purchased from natural gas producers. C treated certain pipeline and related components of the gathering systems as natural gas production assets within asset class 13.2 of Rev. Proc. 87-56, 1987-2 C.B. 674, with a 7-year recovery period. Held: Because C’s use of its gathering systems determines the proper asset class, and because C was not a “natural gas producer”, the components in question are not within asset class 13.2; rather, they are used by C to transport gas and are, therefore, within asset class 46.0, with a 15-year recovery period. We shall follow our decision in Duke Energy Natural Gas Corp. v. Commissioner, 109 T.C. 416 (1997), revd. 172 F.3d 1255 (10th Cir. 1999).Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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