- 5 - complaint, ARCO requested a declaratory judgment declaring as proper the deductions that decreased the royalties paid to the gas lessees. The disputed deductions were related to the cost of transporting the carbon dioxide gas from Colorado to west Texas. The defendant gas lessees, including William Houchin, counterclaimed against both ARCO and Exxon for, inter alia, alleged unpaid royalties for past production as a result of improper transportation deductions (transportation portion) and allegedly undervaluing the carbon dioxide gas sold (valuation portion) for purposes of computing the royalties paid to the lessees. The U.S. District Court for the District of Colorado dismissed Exxon from the case. However, Exxon was obligated to pay 50 percent of any royalties determined to be due in the case, and therefore Exxon remained involved in the resolution of the lawsuit. In November of 1997, the court granted defendants’ motion for summary judgment on the transportation portion of the case. The parties engaged the services of an arbitrator and commenced 4(...continued) however, received the rights to “all oil, gas and minerals” related to the Huerfano property prior to the filing of ARCO’s civil action. The parties negotiated and settled the case with William Houchin. W.C. Houchin Corp., however, is the owner of the royalty income from the gas lease and reported the settlement agreement on its 1999 U.S. Income Tax Return for an S Corporation.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011