Newsletter No. 171
Good afternoon,
This week’s energy headlines show that the oil market may be calming down, but it is not back to normal. Prices have pulled back as traffic through the Strait of Hormuz improves, yet the recent disruption reminded the market how important reliable supply routes, strong infrastructure, and steady domestic production really are. From new pipeline routes around Hormuz to tighter Permian crude takeaway capacity, energy security remains a major focus.
In this week’s issue of The Upside, I’m covering several key stories shaping the market, including TotalEnergies’ call to build pipelines around Hormuz, Plains All American’s increased investment in Permian crude infrastructure, EOG’s expectation for oil to average near $80 over the next few years, and Battalion’s plan to sell a large Delaware Basin acreage position. I’ll also look at how lower drilling costs could impact U.S. producers, share what’s happening at King, feature a new episode of The Jay Young Show, and include this week’s Ask the “Tax Guy” discussion.
This Week's Headlines
Oil and Gas News
- EOG Says Oil Could Stay Near $80 through 2028
- Oil Companies Want Routes Around Hormuz
- Plains Spending More to Move Permian Oil
What's Happening at King
- The Jay Young Show: The Macro Reset: Hormuz, OPEC, Inflation, and the AI Earnings Boom
- Don't Miss an Episode of the Oil & Gas Rundown LIVE!
- Latest Article in Kiplinger
Energy Market Perspective
-
Regulatory Relief Could Improve Oil and Gas Economics, But Operators Remain Disciplined
- Ask the "Tax Guy"
Move to Watch
-
Battalion Looks to Sell Big Texas Oil Position
Oil and Gas News
EOG Says Oil Could Stay Near $80 through 2028
EOG Resources believes oil prices could average around $80 per barrel over the next few years. Even though oil had dropped to around $70, the company says the market may be underestimating how long it will take for supply to fully recover after disruptions in the Persian Gulf. Some oil production may come back quickly, but it could take several months to restore most of it, and some wells may not return right away because of damage or restart issues. Continental Resources’ Harold Hamm agrees that oil in the low $70s is too cheap and expects prices to move back closer to $80.
Oil Companies Want Routes Around Hormuz
TotalEnergies’ CEO says the world needs new pipelines that can move oil around the Strait of Hormuz instead of relying so much on ships passing through it. Hormuz is a narrow waterway where a large amount of the world’s oil normally travels, so problems there can quickly disrupt global energy supplies. After months of shipping delays and tension in the region, energy companies are looking for safer backup routes through places like Abu Dhabi, Iraq, Syria, and Turkey. The goal is to keep oil moving even if Hormuz becomes risky or blocked.
Plains Spending More to Move Permian Oil
Plains All American is increasing its 2026 spending because the Permian Basin needs more ways to move oil out of the region. The company now plans to spend $400 million to $450 million on growth projects, up nearly 30% from its earlier estimate. The money will likely go toward improving existing pipelines, pump stations, terminals, and gathering systems instead of building a brand-new major pipeline. This matters because many Permian oil pipelines are already close to full, and as natural gas pipeline issues improve, more oil production could be ready to move.
Happening at King
The Jay Young Show: The Macro Reset: Hormuz, OPEC, Inflation, and the AI Earnings Boom
In this episode of The Jay Young Show, my co-host Jordan Soto and I are joined by Jay Hatfield, CEO and founder of Infrastructure Capital Advisors, to break down the biggest macro themes investors are watching right now: oil price volatility, the Strait of Hormuz, OPEC supply, inflation expectations, possible Fed reform, rate cuts, AI-driven earnings, and where the market could go next.
From energy security to market psychology, this conversation helps investors, business owners, and energy professionals understand what today’s headlines could mean for the next 30 days, the next 12 months, and beyond.
Watch it on Rumble and YouTube (@JayRYoungOfficial).
Don't Miss an Episode of Oil & Gas Rundown LIVE
Join us live every Wednesday at 2 p.m. CT for Oil & Gas Rundown LIVE, where we break down the latest headlines, market moves, and industry developments shaping oil and gas in real time. It’s a chance to stay current on up-to-the-minute energy news, hear sharp insights on what matters most, and get a clearer view of where the market may be headed. Whether you follow the industry closely or just want a smart, timely update each week, this is a conversation you won’t want to miss.
YouTube: @JayRYoungOfficial
LinkedIn: jayr-young
Energy Market Perspective
Regulatory Relief Could Improve Oil and Gas Economics, But Operators Remain Disciplined
The Trump administration is moving to reduce regulatory costs for oil and gas producers, with proposed changes aimed at lowering federal land drilling expenses, easing methane compliance requirements, and accelerating the federal leasing process. For advisors and RIAs evaluating energy exposure, the policy shift is notable because lower regulatory costs can improve project-level economics, increase operator flexibility, and potentially support future development activity on federal lands.
Key proposed changes include reducing well-cleanup bonding requirements, rolling back certain methane tracking rules, shortening the public review period for federal leasing, and offering replacement lease sales when prior sales are delayed or canceled. The Interior Department has framed these reforms as part of its broader “Energy Dominance” agenda, arguing that regulatory clarity and lower compliance costs could make public lands more attractive for energy investment.
However, the market response may be measured rather than immediate. Despite higher oil prices and a modest uptick in rig activity, many operators remain cautious about materially increasing drilling budgets. Capital discipline, commodity price volatility, service cost inflation, and uncertainty around future policy reversals continue to influence management decisions across the sector.
From an investment perspective, the proposed regulatory relief could be constructive for upstream producers with federal acreage exposure, as well as select service and midstream companies that benefit from increased drilling and production activity. Still, advisors should view the development as a potential margin and sentiment tailwind rather than a guaranteed catalyst for rapid production growth. The key question is whether lower regulatory costs translate into actual capital deployment, or whether producers continue prioritizing balance sheet strength, free cash flow, and shareholder returns.
Ask the "Tax Guy"
The legal structure of an oil and gas drilling investment plays a major role in determining how investors participate economically and how income, deductions, credits, and losses are treated for tax purposes. Because drilling funds may be structured as partnerships, limited partnerships, LLCs, or other pass-through entities, the entity form can affect the timing and character of deductions, the allocation of income and expenses, investor liability, and the ability to utilize certain tax benefits. For investors, understanding the structure is essential because the same underlying oil and gas project may produce very different after-tax results depending on how the investment entity is organized. This week, we asked our EVP of Tax, Rex Gifford, to explain.
Q. For investments in oil and gas drilling funds, in what manner does the legal structure of the investing entity impact the economic and income tax consequences of the investment?
A: Ownership of oil and gas mineral interests (rights to subsurface hydrocarbons and associated minerals) is generally classified as follows:
- Mineral Interest (Mineral Estate / Fee Mineral Interest / Mineral Fee) Full ownership of the minerals in place (a perpetual real property interest). It includes the complete “bundle of sticks” (five key attributes under Texas law):
- Executive right (power to lease/negotiate oil and gas leases)
- Right to receive bonus payments
- Right to receive delay rentals
- Right to receive royalties
- Right to develop/produce (or correlative rights of ingress/egress)
- Royalty Interest A non-operating, non-cost-bearing right to a share of production (typically a percentage of gross production or its value). It does not include the right to lease, develop, or receive bonuses/delay rentals (unless specifically provided). Royalties are commonly created when a mineral owner leases the property and reserves a royalty (e.g., 1/8 or 3/16). Common subtypes include:
- Landowner’s royalty (standard reserved royalty)
- Non-Participating Royalty Interest (NPRI): A pure royalty with no executive rights or bonus/delay rental rights
- Term royalty (limited duration)
- Working Interest (WI) / Operating Interest / Leasehold Interest The right (and obligation) to explore, drill, complete, produce, and operate under an oil and gas lease. The owner bears 100% of exploration, development, and operating costs (or a proportionate share if multiple owners). The owner is entitled to the net revenue interest (NRI) after royalties and costs. Working interests may be operating (with control of operations) or non-operating (bearing costs but without operational control). The interest terminates with the underlying lease (primary term plus held-by-production clause).
- Overriding Royalty Interest (ORRI) A non-operating, generally non-cost-bearing royalty carved out of (and burdening) the working interest/leasehold estate. It typically expires when the underlying lease terminates. ORRIs are often created for services (e.g., landmen or geologists) or via assignments/farmouts.
- Net Profits Interest (NPI) The right to a share of net profits after specified costs or deductions (e.g., after payout of drilling costs). NPIs do not usually bear initial capital costs but participate in net results. They are less common and are typically used in specific contractual or financing arrangements.
- Production Payment (Oil Payment) The right to receive a specified quantity of production or its monetary value until a fixed sum or volume is satisfied. It functions like a secured interest or mortgage on production and terminates upon full payment.
Mineral interests can exist in fee simple, as undivided fractional interests (tenants in common), life estates, or other estates. They may be severed from the surface estate. Subtypes include executive mineral interests (full rights) and non-executive mineral interests (limited or no executive rights, often retaining only economic benefits such as royalties).
For investments in oil and gas drilling funds, the investing entity acquires a working interest, which legally grants the right to explore, drill, complete, produce, and operate under the oil and gas lease. The principal legal structures available for the investing entity are as follows:
- Sole Proprietorship (often combined with a single-member limited liability company treated as a disregarded entity)
- General Partnership (all partners are general partners with the ability to bind the partnership to contracts and obligations)
- Limited Partnership (typically features a single Managing General Partner appointed by the Limited Partners to handle day-to-day operations and long-term economic and operational decisions; taxable income and deductions flow through to the partners)
- S Corporation (similar in operation to a Limited Partnership, with an executive team responsible for day-to-day and long-term activities; taxable income and deductions flow through to the shareholders)
- C Corporation (similar to an S Corporation, but the C Corporation itself is a taxable entity subject to distinct income tax rules regarding oil and gas exploration, development, and operations)
- Delaware Statutory Trust (DST) (treated as a grantor trust; beneficial owners generally receive a Net Profits Interest, with the Trustee managing day-to-day and long-term objectives)
Of these structures, the Limited Partnership offers the greatest flexibility regarding the allocation of taxable income and deductions, as well as economic and operational control. Key benefits of the Limited Partnership structure include:
- Active vs. Passive Income Treatment Partners can elect to acquire either a General Partner interest (allowing allocation of active taxable income and deductions) or a Limited Partner interest (resulting in passive income and deductions).
- Special Allocations The partnership agreement can specially allocate up to 100% of deductions—such as intangible drilling costs (IDCs) and tangible costs—to equity partners. This increases the deductions available to offset other current-year taxable income.
- Uniform Allocations Based on Admission Date Special allocation provisions in the Agreement of Limited Partnership can provide for uniform allocation of annual partnership taxable income and deductions based on the date of a partner’s admission.
- Conversion of Interests The partnership agreement can include provisions allowing conversion of General Partner interests to Limited Partner interests. Upon conversion, the partner is generally no longer subject to self-employment tax on earnings.
- Custom Distribution Waterfalls Partnership distribution waterfall provisions can be tailored to match the specific economic objectives of the partnership’s business model.
As described above, King Operating Corporation’s sponsored offerings use the Limited Partnership legal structure. The partners of the Limited Partnership indirectly own the working interest acquired by the partnership.
Two primary forms of working interest ownership exist:
- Wellbore-only interest: The Limited Partnership owns rights only to oil and gas currently being produced or that will be produced from the specific wellbore(s).
- Full leasehold/mineral interest: The Limited Partnership owns all oil and gas mineral rights within the boundaries of the specific oil and gas lease.
The definition of assets owned by the Limited Partnership significantly affects the potential economic results of the investment. For King Operating Corporation’s sponsored offerings, the assets of the Limited Partnership include 100% of the acquired oil and gas mineral rights. Upon divestiture of the partnership assets, the partners receive their pro-rata share of the divestiture proceeds, subject to the provisions of the offering’s Agreement of Limited Partnership.
Have a tax question you’d like covered in a future issue? Email it to theupside@kingoperating.com.
DISCLOSURE: For educational purposes only. Not tax, legal or accounting advice. Please consult your tax professional before making any investment or tax-related decisions.
Move to Watch
Battalion Looks to Sell Big Texas Oil Position
Battalion Oil is looking to sell about 41,000 acres of oil and gas land in West Texas, along with 374 future drilling spots. The land is in Ward and Pecos counties, part of the highly sought-after Delaware Basin. The assets are currently producing about 11,150 barrels of oil equivalent per day, with most of that production coming from oil and liquids. The sale comes as good drilling locations in the Permian Basin are becoming harder to find, while Battalion continues to face financial pressure and debt.
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All the best,
Jay








