Great Plains Gasification Associates, A Partnership, Transco Coal Gas Company, A Partner Other Than The Tax Matters Partner - Page 33

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          participating financially in the project’s operation.18  As                 
          discussed in greater detail infra, on April 7, 1986, a Federal              
          District Court directed the mortgage on the partnership’s $1.5              
          billion debt to be foreclosed; the court scheduled the                      
          foreclosure sale for May 18, 1986 (subsequently extended to June            
          30, 1986).                                                                  
          Partners Request Letter Ruling                                              
               On May 22, 1986, ANR and Transco filed with the IRS a                  
          request for a ruling that the partnership’s default on the                  
          indebtedness and related events had not resulted in recapture of            
          investment or energy credits or given rise to gain recognition.             
          The partners viewed such a ruling as fundamental to pending                 
          proposals to use prior tax benefits to fund additional capital              
          infusions into the project.  The partners did not want to be in             
          the whipsaw position of having both to recapture the tax benefits           
          and to use them to fund the project.  ANR and Transco requested             
          the IRS to expedite consideration of the ruling request to enable           
          them to submit their restructuring proposal to DOE and prevent              
          the impending foreclosure sale of the project.  (As discussed in            
          greater detail infra, in September 1986 the IRS ruled that the              
          events as of May 22, 1986, had not resulted in recapture of                 
          investment or energy credits or given rise to gain recognition.)            


               18 On Apr. 4, 1986, ANRC filed a statement of interest,                
          which was one of nine received by DOE.                                      





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