- 10 - It is equally clear the gross income used is the amount actually or constructively received by the taxpayer. Helvering v. Mountain Producers Corp., supra. Thus, petitioners cannot claim depletion on another interest holder's gross income from the property, whether or not such taxpayer is entitled to a depletion allowance. The fact that Shell may be a major integrated oil producer precluded from using percentage depletion, see Exxon Corp. v. Commissioner, 102 T.C. 721 (1994), is beside the point, particularly since Shell is still entitled to a depletion allowance based on the cost method. Secs. 611 and 612. In a similar vein, petitioners' arguments based upon the use of "market price" and its relationship to "controlled price" are also irrelevant, particularly in light of petitioners' efforts to reconstruct the price movements going back to 1980. Insofar as a "controlled price" is concerned, that phrase has no bearing in the years before us since Federal oil price controls were lifted in 1981. See CanadianOxy Offshore Prod. Co. v. Commissioner, 100 T.C. 382, 384, 387 (1993). With respect to "market price", we see no basis for applying such a standard herein. That standard, referred to as "representative market or field price", section 1.613-3(a), Income Tax Regs., applies to taxpayers, generally integrated producers, who do not sell their oil or gas in the immediate vicinity of the well and who thus must calculatePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011