James S. & Denise D. Goodfellow, Daniel R. & Claudia Goodfellow, James B. & Nancy B. Goodfellow - Page 17




                                        -17-                                          
                                      APPENDIX                                        
               Sec. 1.611-1.  Allowance of deduction for depletion.--                 
                    (a) Depletion of mines, oil and gas wells, other                  
               natural deposits, and timber--(1) In general.  Section                 
               611 provides that there shall be allowed as a deduction                
               in computing taxable income in the case of mines, oil                  
               and gas wells, other natural deposits, and timber, a                   
               reasonable allowance for depletion.  * * *  In the case                
               of other [than standing timber] exhaustible natural                    
               resources the allowance for depletion shall be computed                
               upon either the adjusted depletion basis of the                        
               property (see section 612, relating to cost depletion)                 
               or upon a percentage of gross income from the property                 
               (see section 613, relating to percentage depletion),                   
               whichever results in the greater allowance for                         
               depletion for any taxable year.  In no case will                       
               depletion based upon discovery value be allowed.                       
                              *    *    *    *    *    *    *                         
                    (b) Economic interest.--(1) Annual depletion                      
               deductions are allowed only to the owner of an economic                
               interest in mineral deposits or standing timber.  An                   
               economic interest is possessed in every case in which                  
               the taxpayer has acquired by investment any interest in                
               mineral in place or standing timber and secures, by any                
               form of legal relationship, income derived from the                    
               extraction of the mineral or severance of the timber,                  
               to which he must look for a return of his capital.  * *                
               *  A person who has no capital investment in the                       
               mineral deposit or standing timber does not possess an                 
               economic interest merely because through a contractual                 
               relation he possesses a mere economic or pecuniary                     
               advantage derived from production.  For example, an                    
               agreement between the owner of an economic interest and                
               another entitling the latter to purchase or process the                
               product upon production or entitling the latter to                     
               compensation for extraction or cutting does not convey                 
               a depletable economic interest.  * * *                                 
                         *    *    *    *    *    *    *                              
                    (d) Definitions.  As used in this part, and the                   
               regulations thereunder, the term--                                     
                         *    *    *    *    *    *    *                              





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