Stephen J. Roling and Peggy A. Roling - Page 14




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          describes the cost basis provided by section 612, which, in turn,           
          describes an "adjusted basis" provided by section 1011.  The                
          adjusted cost basis under section 1011 for determining gain or              
          loss from the sale of property is the cost basis or other basis             
          determined under section 1012 adjusted as provided by section               
          1016.                                                                       
               Annual depletion deductions are allowed only to the owner of           
          an "economic interest" in standing timber.  See Palmer v. Bender,           
          287 U.S. 551, 557 (1933); Georgia-Pacific Corp. v. United States,           
          648 F.2d 653, 657-659 (9th Cir. 1981); sec. 1.611-1(b)(1), Income           
          Tax Regs.                                                                   
               For purposes of this discussion it is assumed that                     
          petitioners' right to cut contracts made them owners of economic            
          interests in timber in the year at issue.  See International                
          Paper Co. v. United States, 33 Fed. Cl. 384, 407-409 (1995).  As            
          owners of economic interests in timber, petitioners would, as               
          they contend, be entitled to depletion deductions.  That would              
          not, however, change the result in this case because "The                   
          depletion of timber takes place at the time timber is cut", not             
          at the time of payment.  Sec. 1.611-3(b)(1), Income Tax Regs.  To           
          the extent that depletion is allowable in a year with respect to            
          timber the products of which are not sold during the taxable                
          year, the depletion allowable is included "as an item of cost in            
          the closing inventory of such products for such year."  Id.                 






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