- 17 - asset guideline classes set forth in Rev. Proc. 87-56, supra). Although petitioner has not specifically conceded (nor has it been stipulated) that Clajon is not a producer of natural gas, counsel for petitioner tacitly admitted as much during the trial and, again, during the posttrial oral argument. Similarly, petitioner’s expert witness acknowledged that a gas gatherer is not a producer of natural gas. Therefore, we find that Clajon was not a producer as that term is commonly used in the natural gas industry. Authorities in the oil and gas field agree. See Williams & Meyers, Manual of Oil and Gas Terms 846 (11th ed. 2000), generally defining a producer as “[a]n operator who owns wells that produce * * * gas.”7 2. The Relevant “Use” Under 13.2 and 46.0 Is That of the Taxpayer, Clajon a. Introduction In Duke Energy Natural Gas Corp. v. Commissioner, supra, the Court of Appeals focused upon industry (rather than taxpayer) usage of Duke Energy’s gathering system. It concluded: “Within the industry and in the functional and contractual relationship between producers and nonproducer gathering system owners, Duke’s gathering systems are literally used by producers for gas 7 The parties have stipulated that Clajon owns no oil or natural gas reserves, nor does it own an economic interest in the wells connected to the Texas gathering systems.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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