The following definitions apply to this
sub-chapter:
(1) "Third party
intermediary" means any individual, corporation, partnership, subsidiary,
or other entity which purchases coal on behalf of, or for the benefit of,
another party. Any coal purchased by a
third party intermediary is considered to be a purchase by a broker and not a
qualified purchaser. In determining
eligibility for the tax credit, if a qualified purchaser purchases coal from a
third party intermediary, that purchase will be included in either the base or
current consumption level depending when that purchase occurred. Any partner or joint owner of a coal using
facility who purchases coal on behalf of, or for the benefit of, another
partner or joint owner of that facility is included in the definition of a
third party intermediary. However, this only applies to the partner or joint
owner who purchased coal on behalf of, or for the benefit of, another partner
or joint owner.