The Coca-Cola Company, and Includible Subsidiaries - Page 45

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          percentage depletion deduction based upon a percentage of a                 
          taxpayer's "gross income from the property".  Section 611(a)                
          provides that reasonable depletion allowance in all cases is to             
          be made under regulations prescribed by the Secretary.                      
               Although the statute was silent as to the definition of                
          "gross income from the property" as it related to the facts in              
          Exxon Corp. v. Commissioner, supra, section 1.613-3(a), Income              
          Tax Regs., provided that "gross income from the property" is:               
               the amount for which the taxpayer sells the oil or gas                 
               in the immediate vicinity of the well.  If the oil or                  
               gas is not sold on the premises but is manufactured or                 
               converted into a refined product prior to sale, or is                  
               transported from the premises prior to sale, the gross                 
               income from the property shall be assumed to be                        
               equivalent to the representative market or field price                 
               of the oil or gas before conversion or transportation.                 
               Exxon argued that, under the literal terms of section 1.613-           
          3(a), Income Tax Regs., where the gas is transported from the               
          premises prior to sale, the Commissioner cannot use a net-back              
          methodology to determine gross income from the property.                    
               The Commissioner argued that not only was Exxon's                      
          interpretation of the regulation at issue flawed, it also was               
          inconsistent with the legislative history behind percentage                 
          depletion.  Exxon essentially argued that, under the ordinary or            
          plain meaning rule, the literal terms of the regulation at issue            
          must be followed without further analysis.                                  
               We held that the rules of statutory construction require us            
          to determine whether the "plain meaning" of a regulation would              





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