n-99-18.pdf

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Part III - Administrative, Procedural, and Miscellaneous
Nonconventional Source Fuel Credit, § 29 Inflation Adjustment Factor,
and § 29 Reference Price
Notice
This notice publishes the nonconventional source fuel credit, inflation adjustment
factor, and reference price under § 29 of the Internal Revenue Code for calendar year
. These are used to determine the credit allowable on fuel produced from a
nonconventional source under § 29 of the Internal Revenue Code. The calendar year
inflation-adjusted credit applies to the sales of barrel-of-oil equivalent of qualified
fuels sold by a taxpayer to an unrelated person during the calendar year, the
domestic production of which is attributable to the taxpayer.
BACKGROUND
Section 29(a) provides for a credit for producing fuel from a nonconventional
source, measured in barrel-of-oil equivalent of qualified fuels, the production of which is
attributable to the taxpayer and sold by the taxpayer to an unrelated person during the
tax year. The credit is equal to the product of $3.00 and the appropriate inflation
adjustment factor.
Section 29(b)(1) and (2) provides for a phase out of the credit. The credit
allowable under § 29(a) must be reduced by an amount which bears the same ratio to
the amount of the credit (determined without regard to § 29(b)(1)) as the amount by
which the reference price for the calendar year in which the sale occurs exceeds
$23.50 bears to $6.00. The $3.00 in § 29(a) and the $23.50 and $6.00 must each be
adjusted by multiplying these amounts by the
inflation adjustment factor. In the
case of gas from a tight formation, the $3.00 amount in § 29(a) must not be adjusted.

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Section 29(c)(1) defines the term "qualified fuels" to include oil produced from
shale and tar sands; gas produced from geopressurized brine, Devonian shale, coal
seams, or a tight formation, or biomass; and liquid, gaseous, or solid synthetic fuels
produced from coal (including lignite), including such fuels when used as feedstocks.
Section 29(d)(1) provides that the credit is to be applied only for sale of qualified
fuels the production of which is within the United States (within the meaning of
§ 638(1)) or a possession of the United States (within the meaning of § 638(2)).
Section 29(d)(2)(A) requires that the Secretary, not later than April 1 of each
calendar year, determine and publish in the Federal Register the inflation adjustment
factor and the reference price for the preceding calendar year.
Section 29(d)(2)(B) defines "inflation adjustment factor" for a calendar year as
the fraction the numerator of which is the GNP implicit price deflator for the calendar
year and the denominator of which is the GNP implicit price deflator for calendar year
1979. The term "GNP implicit price deflator" means the first version of the implicit price
deflator for the gross national product as computed and published by the Department of
Commerce.
Section 29(d)(2)(C) defines "reference price" to mean with respect to a calendar
year the Secretary's estimate of the annual average wellhead price per barrel of all
domestic crude oil the price of which is not subject to regulation by the United States.
Section 29(d)(3) provides that in the case of a property or facility in which more
than one person has an interest, except to the extent provided by regulations prepared
by the Secretary, production from the property or facility (as the case may be) must be
allocated among the persons in proportion to their respective interests in the gross

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sales from the property or facility.
Section 29(d)(5) and (6) provides that the term "barrel-of-oil equivalent" with
respect to any fuel generally means that amount of the fuel which has a Btu content of
5.8 million.
INFLATION ADJUSTMENT FACTOR AND REFERENCE PRICE
The inflation adjustment factor for calendar year
is The reference
price for calendar year is The inflation adjustment factor and reference
price for calendar year will be published in the Federal Register on .
PHASE-OUT CALCULATION
Because the calendar year reference price does not exceed $23.50
multiplied by the inflation adjustment factor, the phase out of the credit provided for in
§ 29(b)(1) does not occur for any qualified fuel sold in calendar year .
CREDIT AMOUNT
The nonconventional source fuel credit under § 29(a) is per barrel-of-oil
equivalent of qualified fuels ($3.00 x ). This amount will be published in the
Federal Register on
.
DRAFTING INFORMATION CONTACT
The principal author of this notice is Alan H. Cooper of the Office of Assistant Chief
Counsel (Passthroughs and Special Industries). For further information regarding this
notice contact Alan H. Cooper at (202) 622-3110 (not a toll-free call).