- 38 - 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 thePage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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