- 12 - December 31, 1974) and without any corresponding adjustment to the amount includable in their gross income. We are not prepared to accept petitioners' pick-and-choose approach. Exxon Corp. and Subsidiaries v. United States, 88 F.3d supra, upon which petitioners rely in respect of the "market price" issue, dealt with the taxable year 19745 and with natural gas subject to a fixed contract, which continued to be entitled to percentage depletion under section 613A. Such being the case and taking into account the circumstances of the case before us, we find it unnecessary to direct our attention to the seeming conflict in rationale between Exxon Corp. and Subsidiaries v. United States, 88 F.3d supra, and Exxon Corp. v. Commissioner, 102 T.C. supra, in respect of an allowance for depletion in excess of actual receipts under section 1.613-3(a), Income Tax Regs. Additionally, we note that the failure to adjust the amount includable in gross income has been considered a significant element to be taken into account in respect of the attempt by taxpayers to increase the amount to which the depletion percentage should be applied. See Exxon Corp. v. Commissioner, 102 T.C. at 735-737. Petitioners' gross income from the property for purposes of the depletion allowance is their royalty income in the amount 5 The taxable year 1974 is a year prior to the statutory amendments which eliminated the allowance of percentage depletion to integrated oil producers.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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