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).                                  
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