- 9 - an amount equal to any rents or royalties paid or incurred by the taxpayer in respect of the property". Secs. 613(a), 613A(c)(1). It has long been decided that the "gross income from the property" is the gross income from the property received by the taxpayer claiming the deduction for depletion. Helvering v. Mountain Producers Corp., 303 U.S. 376, 382 (1938); Helvering v. Twin Bell Oil Syndicate, 293 U.S. 312 (1934); McLean v. Commissioner, 41 B.T.A. 565, 575 (1940), affd. 120 F.2d 942 (5th Cir. 1941). Accordingly, for purposes of computing the amount of average daily production to which the depletion allowance will apply, section 613A(c)(2) provides that the average daily production for a taxpayer with a partial interest is equal to the total production of the property times the taxpayer's percentage participation in the revenue from such property. Applying the foregoing statutory provisions, it is clear that, where more than one taxpayer is involved, the depletion allowance for any one taxpayer cannot be calculated on the gross income from the property as a whole, since the allowance must be apportioned equitably in keeping with the respective interests of lessor and lessee. Helvering v. Twin Bell Oil Syndicate, supra; Callahan Mining Corp. v. Commissioner, 51 T.C. 1005, 1020 (1969), affd. 428 F.2d 721 (2d Cir. 1970); cf. sec. 613A(c)(2). Thus, petitioners' argument based on their title to the land is without merit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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