- 29 - relevant under 13.2, such gathering pipelines were not “used by” a natural gas “producer” as required for inclusion within such asset guideline class. Rather, Clajon’s gathering pipelines are includable within 46.0 since they are “assets used [by Clajon] in the * * * carrying of * * * gas * * * by means of pipes and conveyors.”17 VII. Conclusion Clajon is required to depreciate the gathering pipelines utilizing a 15-year recovery period. Decision will be entered under Rule 155. Reviewed by the Court. COHEN, GERBER, RUWE, WHALEN, COLVIN, CHIECHI, LARO, GALE, and THORNTON, JJ., agree with the majority opinion. 17 In its petition, petitioner argues, in the alternative, that most of Clajon’s “gas gathering assets may also be properly classified in Asset Guideline Class 49.23" (49.23), which provides a 14-year class life and a 7-year recovery period for “Natural Gas Production Plant”. Rev. Proc. 87-56, 1987-2 C.B. 674, 686. Petitioner has failed to pursue its alternative argument on brief. We conclude, therefore, that petitioner has abandoned its alternative argument. See Nicklaus v. Commissioner, 117 T.C. 117, 120 n.4 (2001).Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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