- 15 - in certain circumstances, the payee receiving the advanced royalty payments on standing timber to take a depletion deduction from his gross income in the year the payments are made. And section 1.612-3(b)(3), Income Tax Regs., allows the payer of amounts under a "minimum royalty provision" to deduct them when paid, but only in connection with mineral property. Petitioners' payments are not described in section 1.612- 3(b)(1), or (3), Income Tax Regs., and their downpayments must be capitalized. Section 1.631-2(e)(1), Income Tax Regs., requires that amounts paid for timber cutting rights be treated as the cost of timber and "constitute part of the lessee's depletable basis of the timber, irrespective of the treatment accorded such payment in the hands of the lessor."1 Once petitioners' counsel presented to respondent's counsel sufficient evidence that two of the contracts represented situations where the timber was cut in the same year the payments were made, respondent conceded the issue within a reasonable time. See Harrison v. Commissioner, supra at 265; Ashburn v. United States, supra; Wickert v. Commissioner, 842 F.2d 1005 (8th 1Generally, sec. 162 requires that an item be paid or incurred and the benefit exhausted during the taxable year to be a business deduction. Where the value of the item extends beyond the taxable year, that is evidence that the expenditure is a cost of acquisition, a capital item. See Wells Fargo & Co. v. Commissioner, 224 F.3d 874 (8th Cir. 2000), affg. in part and revg. in part sub nom. Norwest Corp. v. Commissioner, 112 T.C. 89 (1999); Central Tex. Sav. & Loan Association v. United States, 731 F.2d 1181, 1183 (5th Cir. 1984); see also sec. 1.461-1, Income Tax Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011