- 9 - C. Petitioner’s Mining Plan of Operations On May 5, 1989, petitioner submitted a proposed mining plan of operations to the BLM for approval.10 On January 12, 1993, the BLM approved petitioner’s plan of operations. During the BLM’s investigation of petitioner’s plan of operations, from 1989 through 1993, petitioner incurred substantial expenditures to develop a production mill, purchase an induction furnace,11 and 10In order to initiate mining activity on Federal land, a claimant must first file a 2-week notice, which allows the claimant to disturb up to 2 acres of land per year. If the claimant desires to disturb more than 2 acres, a plan of operations must be approved by the BLM. Once a plan of operations is filed, the BLM conducts an investigation before approving the plan. In petitioner’s case, the BLM’s investigation lasted approximately 3 to 4 years, during which petitioner was allowed to erect facilities on his claims with the knowledge of the BLM. The expenses incurred in erecting those facilities are reflected in petitioner’s tax returns for those years. 11At some point, petitioner entered into a contract with Inductotherm to perform a series of test smelts to determine whether recoveries from his claims could be enhanced through the use of induction smelting. Inductotherm provided an induction furnace in Los Angeles, and petitioner and his son L.R. Tinnell performed a series of seven smelts at Inductotherm’s facilities (which created dor� bars). Petitioner and L.R. Tinnell performed tests on the dor� bars, the results of which were favorable. Thereafter, petitioner communicated with Union Miniere in Belgium, which sent a local representative to perform an analysis on petitioner’s dor� bars. On the basis of a favorable report from Union Miniere, petitioner began making arrangements to upgrade his mill capacity. In 1993, petitioner purchased an induction furnace from Ajax Magnathermic in order to increase the capacity of his mill from 1 ton per hour to 10 tons per hour. The purchase price of the induction furnace was about $50,000. Petitioner made approximately 15 dor� bars with the induction furnace. The induction furnace, however, has not been operated since 1996.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011