- 34 - me, dispositive) economic sense in which any such producer firm uses a gathering system; this is irrespective of whether the producer owns and operates the system itself, or instead, as in the case at hand, sells its gas to petitioner at a fixed price at the wellhead, enters into any one of the various ultimate sale proceeds sharing arrangements with petitioner (also described in Duke Energy Natural Gas Corp. v. Commissioner, 172 F.3d 1255 (10th Cir. 1999), revg. 109 T.C. 416 (1997)), or has its gas processed through petitioner’s system for a fee and then sold for the producer’s account from the processing plant after the last stage of the productive process has been completed. As shown by the opinion of the Court of Appeals for the Tenth Circuit in Duke Energy Natural Gas Corp., with which Judge Foley and I agree, the question under Rev. Proc. 87-56, supra, of who a gathering system is “used by” turns neither on who owns the producers or the system, nor on who owns the gas processed through the system. The gathering system is “used by * * * producers for * * * production of * * * natural gas”, id., irrespective of the effects on legal ownership and refinements of title of the terms of the contracts they use to have the gas from their wells processed through the system. FOLEY and VASQUEZ, JJ., agree with this dissenting opinion.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011