Union Texas International Corporation, f.k.a. Union Texas Petroleum Corporation - Page 38

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          it grafted the WPT NIL onto the existing body of percentage                  
          depletion law by incorporating section 613(a) into section                   
          4988(b)(3)(A).  A plain reading of section 4988(b)(3)(A) requires            
          petitioners to compute the NIL for WPT purposes in the same                  
          manner as they computed the NIL under section 613 for percentage             
          depletion purposes.  See Chevron U.S.A. Inc. v. Natural Resources            
          Defense Council, Inc., 467 U.S. 837 (1984) (the court must give              
          effect to the unambiguously expressed intent of Congress).  It is            
          unreasonable to believe Congress intended to allow taxpayers to              
          compute their NIL differently for percentage depletion purposes              
          and WPT purposes, where Congress explicitly incorporated by                  
          reference, the section 613 NIL calculation into section 4988.  If            
          taxpayers were able to utilize petitioners' approach they could              
          manipulate their allocation methods under sections 613 and 4988,             
          thereby allowing taxpayers to increase their percentage depletion            
          deductions by excluding certain items of overhead from the                   
          allocation process, and decrease their WPT by including the same             
          items of overhead in the allocation process.  Cf. Portland Golf              
          Club v. Commissioner, 497 U.S. 154, 166-170 (1990)(taxpayer was              
          required to use same method of allocating fixed expenses, in                 
          determining whether nonmember sales activity was undertaken with             
          intent to earn profit, that it did in calculating its actual loss            
          from those sales).                                                           
               Finally, we note that petitioners' reliance on Shell Oil Co.            
          v. Commissioner, supra, is misplaced, because in that case the               




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