(1) "Agreement not at arm's length" is defined
as an agreement between two parties when there are business relationships other
than the agreement between the buyer and seller which in the opinion of the
department have influenced the sales price.
(2) "Contract
revenue" is defined as the total receipts or accruals from all sales of
coal during the reporting period.
(3) "Contract sales
price" is defined as FOB mine price less production taxes included by the
producer in the sales price to pay taxes on production or a price imputed by
the department of revenue according to ARM 42.25.512.
(4) "FOB mine
price" is defined as contract revenue exclusive of all shipping expenses
or any other expense incurred by the producer after the coal has been crushed
to size and loaded for shipment.
(5) "Market
value" is defined as an amount determined by multiplying "FOB mine
price" of a similar ton of coal, as fixed on the market place, by the
number of tons of coal sold.
(6) "Production
taxes" is defined as the resource indemnity trust tax, severance tax, and
the gross proceeds tax.