Stephen J. Roling and Peggy A. Roling - Page 13




                                       - 12 -                                         
               We are persuaded that respondent's position on the                     
          unreported income issue was reasonable.  Respondent's position              
          was based on petitioners' failure to fully account for the item.            
          Further, the issue was settled within a reasonable period after             
          petitioners gave sufficient information to respondent.  See                 
          Harrison v. Commissioner, 854 F.2d 263, 265 (7th Cir. 1988),                
          affg. T.C. Memo. 1987-52; Wickert v. Commissioner, 842 F.2d 1005            
          (8th Cir. 1988), affg. T.C. Memo. 1986-277; Ashburn v. United               
          States, 740 F.2d 843 (11th Cir. 1984); McDaniel v. Commissioner,            
          supra.                                                                      
                    Reasonable Basis in Law                                           
               According to petitioners, respondent unreasonably determined           
          that they were not entitled to current deductions for                       
          downpayments on "right to cut" timber contracts.  Petitioners               
          argue that the payments on the timber contracts were either                 
          amounts subject to regular depletion deductions or depletable               
          advanced royalty payments deductible for 1994.                              
               In the case of timber, taxpayers are allowed as a deduction            
          in computing taxable income, a reasonable allowance for depletion           
          under regulations prescribed by the Secretary.  See sec. 611.  In           
          the case of standing timber, the depletion must be computed                 
          solely upon the adjusted basis of the property.   See sec. 1.611-           
          1(a), Income Tax Regs.  The depletable basis applicable to timber           
          is contained in section 1.611-3(a), Income Tax Regs. which                  






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