85-0205 - Oil & Gas Occupation

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX :

c/o XXXXX, )

:

Petitioner, ) DECISION FROM

: INFORMAL HEARING

v. )

: Appeal No. 85-0205

AUDITING DIVISION OF THE )

UTAH STATE TAX COMMISSION, :

)

Respondent. :

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for an Informal Hearing on the XXXXX. James E. Harward, Hearing Officer, heard the matter for and in behalf of the Commission, with Joe B. Pacheco, Commissioner.

The Petitioner was represented by XXXXX, XXXXX and XXXXX. The Respondent was represented by XXXXX, Assistant Attorney General, and XXXXX.

The Petitioner argued that a producing well should be averaged with its disposal well for the purposes of Utah Code Ann. 59-5-67 which grants an exemption for a stripper well. A stripper well is one in which produces less than twenty barrels of oil per day. The Petitioner has one producing well which produces in excess of twenty barrels of oil per day, but in conjunction with that well, there is a disposal well which is required for the disposal of waste water from the producing well. The Petitioner argues that the two bore holes should be averaged together for the determination of stripper status. The disposal well is one which does not produce oil and is used solely for the injection of disposal water back into the ground.

FINDINGS AND CONCLUSIONS

Based upon the arguments and evidence presented at the hearing, the Tax Commission makes the following findings and conclusions:

1. That a well or wells means any well or wells or other extractive means from which oil, gas or other hydrocarbon substances are produced or extracted located within an oil field or gas field.

2. An exemption from the occupation tax will be granted on oil, gas and other hydrocarbon substances when the well is a stripper well.

3. A stripper well means an oil well whose average daily production has been twenty barrels a day or less of crude oil during any consecutive twelve month period, or a gas well whose average daily production has been sixty XXXXX of less of natural gas during any consecutive ninety day period.

4. There is no dispute that for the producing well the Petitioner exceeds the minimum requirement for the application of the exemption for a stripper well.

5. The waste bore hole is not a well for the purposes of occupation tax as defined in 59-5-66(8), or for the application of the exemption for a stripper well as defined in 59-5-67(5).

DECISION AND ORDER

It is the decision of the Utah State Tax Commission that the determination of the Audit Division was correct and therefore, is sustained, and Petitioner's Petition for Redetermination is denied.

DATED this 11 day of March, 1986.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

ABSENT

Mark K. Buchi Joe B. Pacheco*

Chairman Commissioner

R. H. Hansen Roger O. Tew

Commissioner Commissioner

* Since the hearing on this case, Commissioner Gary C. Cornia has been replaced by Commissioner Joe B. Pacheco. Commissioner Pacheco has been duly advised of the facts and circumstances regarding this case and is qualified to sign this decision.