- 13 - included in two or more asset guideline classes, each with its own (different) class life.5 Gathering pipelines are subject to depreciation by both natural gas producers (under 13.2) and pipeline companies (under 46.0). IV. Duke Energy In Duke Energy Natural Gas Corp. v. Commissioner, 109 T.C. at 421, we concluded that the taxpayer’s gathering systems were “used primarily by a pipeline company [the taxpayer] to carry gas to a production facility, which * * * brings them within asset class 46.0.” In reaching that conclusion, we rejected the taxpayer’s argument “that its gathering systems are included in asset class 13.2 because the systems are used by petroleum and natural gas producers to produce natural gas in that the systems are essential to the production and sale of gas in the market.” Id. We noted: “The mere fact that the gathering systems may 5 For example, Rev. Proc. 87-56, 1987-2 C.B. 674, provides that “assets used in the drilling of onshore oil and gas wells” are generally includable within Asset Class 13.1, which has a 6-year class life and a 5-year recovery period. Asset Class 13.1 specifically excludes “assets used in the performance of any of these activities * * * by integrated petroleum and natural gas producers for their own account”. Asset Class 13.2, on the other hand, which specifically pertains to “assets used by petroleum and natural gas producers for drilling of wells and production of petroleum and natural gas” has a 14-year class life and a 7-year recovery period. An onshore oil drilling rig, therefore, has a shorter class life and recovery period if owned and used by a person whose sole activity is well drilling than it would have if owned and used by an integrated oil and gas producer.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011