Bryan Rock Products, Inc. and Subsidiary - Page 10

                                       - 10 -                                         
               Respondent determined that the proper rate of depletion for            
          petitioner's red landscaping rock is 5 percent, not 14 percent.             
          Respondent has not proposed adjustments in connection with                  
          petitioner's depletion deductions except for those claimed for              
          dolomite sold as red landscaping rock.                                      
          Discussion                                                                  
               Section 611 provides for a reasonable allowance for                    
          depletion in the case of mines.  This allowance is "the                     
          percentage, specified in subsection (b), of the gross income from           
          the property excluding from such gross income an amount equal to            
          any rents or royalties paid or incurred by the taxpayer in                  
          respect of the property."  Sec. 613(a).  Section 613(b)(6)                  
          provides in relevant part:                                                  
               (6) 5 Percent--                                                        
                    (A) gravel, peat, pumice, sand, scoria, shale                     
               * * *, and stone (except stone described in paragraph                  
               (7));                                                                  

          Section 613(b)(7) specifies a 14-percent depletion rate for:                
               all other minerals, including, but not limited to,                     
               * * * dolomite, * * * limestone, * * * stone (used or                  
               sold for use by the mine owner or operator as dimension                
               stone or ornamental stone), * * * except that, unless                  
               sold on bid in direct competition with a bona fide bid                 
               to sell a mineral listed in paragraph (3), the                         
               percentage shall be 5 percent for any such other                       
               mineral * * * when used, or sold for use, by the mine                  
               owner or operator as rip rap, ballast, road material,                  
               rubble, concrete aggregates, or for similar purposes.                  
               * * *                                                                  







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011