- 36 - such, Congress specifically provided the starting point whereby taxable income from the property must be determined under section 613(a), and, by doing so, Congress adopted the focus on income and expenses of individual properties historically applied under section 613. Taxable income from the property, pursuant to section 1.613- 5(a), Income Tax Regs., is defined as "gross income from the property" (as defined in section 613(c) and sections 1.613-3 and 1.613-4, Income Tax Regs.) less: all allowable deductions (excluding any deduction for depletion) which are attributable to mining processes, including mining transportation, with respect to which depletion is claimed. These deductible items include operating expenses, certain selling expenses, administrative and financial overhead, depreciation, taxes deductible under section 162 or 164, losses sustained, intangible drilling and development * * * expenditures, etc. * * * Expenditures which may be attributable both to the mineral property upon which depletion is claimed and to other activities shall be properly apportioned to the mineral property and to such other activities. Furthermore, where a taxpayer has more than one mineral property, deductions which are not directly attributable to a specific mineral property shall be properly apportioned among the several properties. * * * Accordingly, section 1.613-5(a), Income Tax Regs., controls the computation of the NIL for both percentage depletion and WPT purposes. 17(...continued) determined under section 613(a). [Emphasis added.]Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011