- 32 - BEGHE, J., dissenting: Elementary economic analysis supports the conclusion of Judge Foley, who tried this case, that the gathering system assets in issue are class 13.2 assets “used by * * * producers for * * * production of * * * natural gas” under Rev. Proc. 87-56, 1987-2 C.B. 674, 678. Petitioner’s gathering systems are used for production of natural gas by all the well owners/operators/producers from whose wells originated the gas processed through the systems. This is true, notwithstanding such producers do not own and operate any gathering system, with most such producers selling to petitioner at the wellhead the bulk of the gas processed through a system1 and a few other such producers paying petitioner fees for processing their gas through the system. Back in 1937, R.H. Coase, in the first of the papers for which he was awarded the Nobel Prize in Economics in 1991, “The Nature of the Firm”,2 raised and answered a basic question about the concept of the firm and its boundaries. Coase explained why businesses exist and operate as they do, why, for instance, 1Albeit pursuant to contracts under which most such producers and petitioner share the ultimate proceeds of sale to a pipeline company that transports the processed product to public utilities for distribution to consumers. 2Economica 4 (Nov. 1937), reprinted in Coase, “The Firm, the Market and the Law” 33 (1988), and Williamson & Winter, Eds., “The Nature of the Firm Origins, Evolution, and Development” 18 (1991).Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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