Legal Opinion

Herbel v. Commissioner

United States Tax Court

Decided June 5, 1996No. Docket Nos. 22079-93, 22080-93PublishedCited by 5 opinions

M, a subch. S corporation, purchased working interests in various gas wells that were subject to a gas purchase contract with A. To avoid litigation over a so-called take or pay provision in the contract, M and A entered into a Settlement Agreement under which A paid $ 1,850,000 to M in 1988 but reserved the right to recoup the payment from future gas purchases under the contract.

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M, a subch. S corporation, purchased working interests in various gas wells that were subject to a gas purchase contract with A. To avoid litigation over a so-called take or pay provision in the contract, M and A entered into a Settlement Agreement under which A paid $ 1,850,000 to M in 1988 but reserved the right to recoup the payment from future gas purchases under the contract. The Settlement Agreement further provided that M would pay any unrecouped amount to A in cash in the event that it terminated the contract or the wells became substantially depleted. M did not report the payment as…

1Opinion of the Court

OPINION

Whalen, Judge:

These consolidated cases are before the Court to decide petitioners’ motion for summary judgment. The issue presented by petitioners’ motion is whether a payment received in settlement of a contractual dispute involving a so-called take or pay contract for the purchase and sale of natural gas is includable in petitioners’ income in the year received, as respondent contends, or whether the payment is a deposit in the nature of a loan, as petitioners contend. In addition to petitioners’ motion for summary judgment and memorandum in support thereof, respondent’s notice of…

2Cases cited27 opinions

  1. Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
  2. Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
  3. Tyler v. United StatesSupreme Court of the United States · 1930
  4. Anderson v. HelveringSupreme Court of the United States · 1940
  5. Thomas v. PerkinsSupreme Court of the United States · 1937

22 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Karns Prime & Fancy Food, Ltd. v. Comm'rUnited States Tax Court · 2005
  2. Hovhannissian v. CommissionerUnited States Tax Court · 1997
  3. Straight v. CommissionerUnited States Tax Court · 1997
  4. Herbel v. CommissionerUnited States Tax Court · 1996
  5. Stephen R. and Mary K. Herbel v. CommissionerUnited States Tax Court · 1996

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