-8- deduction to the amount of any investment. United States v. Swank, 451 U.S. 571, 576 (1981). Percentage depletion deductions continue as long as minerals are extracted from the property, and even where a taxpayer has invested no money in the deposit. Id. at 576-577. Nor must the taxpayer claiming percentage depletion as to a mineral deposit have legal title over the deposit. Kirby Petroleum Co. v. Commissioner, supra; Lynch v. Alworth-Stephens Co., 267 U.S. 364 (1925). The linchpin of a percentage depletion deduction is that the taxpayer has an economic interest in the mineral deposit for which the deduction is claimed. Commissioner v. Southwest Exploration Co., supra; Kirby Petroleum Co. v. Commissioner, supra at 603. Here, we find that GBI never had the requisite economic interest in the minerals (unusable materials) in place. GBI neither purchased by investment, nor contracted for, any interest in those materials as they sat embedded in the ground. GBI received the materials only after they were rejected by the landowners’ engineer following the materials’ excavation from the ground. GBI’s receipt of the unusable materials at that time resulted from its contractual obligation to dispose of minerals once owned and now abandoned by the landowners, rather than from its purchase of minerals from the landowners.3 3 We express no opinion as to whether we would have decided this case differently had the landowners agreed to sell to GBI an (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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