Stephen J. Roling and Peggy A. Roling - Page 15




                                       - 14 -                                         
               Since, with respect to three of the contracts at issue,                
          petitioners did not cut the timber in the year that the                     
          downpayment was made, they were not entitled to a current                   
          depletion deduction for the payment.                                        
               Under regulations provided by the Secretary, "advanced                 
          royalties" in the case of mineral deposits and standing timber              
          may be the subject of depletion deductions.  Sec. 1.612-3(b),               
          Income Tax Regs.  An advanced royalty is a required payment of              
          royalties on a specified number of units of timber annually                 
          whether or not cut within the year that may be applied against              
          the royalties on the timber thereafter cut.  See sec. 1.612-                
          3(b)(1), Income Tax Regs.  The facts in the record of this case             
          are not sufficient to support the treatment of petitioners'                 
          downpayments as advanced royalties.  The timber contracts are not           
          part of the record.  There is no evidence that petitioners'                 
          downpayments were based on a specified "number of units of                  
          timber", or that the downpayments were capable of being applied             
          to any future royalties, and there were no "annual" payments.               
          From the facts available in the record, we are unable to find               
          that petitioners were entitled to treat their downpayments on               
          timber contracts as advanced royalties.                                     
               Even if petitioners' payments did constitute advanced                  
          royalties, we find no authority for their current deductibility             
          by petitioners.  Section 1.612-3(b)(1), Income Tax Regs., allows,           






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