- 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