Percentage Depletion for Mining

Computations and allowances for mine depletion for Federal income tax purposes depend upon the meaning of certain terms in the pertinent provisions of section 114(b) 4 of the Internal Revenue Code. Unfortunately, but one of these terms is defined in the Code. Congress left it to the Commissioner to define the other terms in the Regulations. Even though the Commissioner, through his staff, labored long and earnestly to draft these definitions they have not been satisfactory to the mining industry, because the definitions in the Regulations and the interpretation placed thereon by the Commissioner do not state what the industry believes to be the clear and obvious intent of Congress. Consequently serious and prolonged disputes, unduly delaying the settlement of Federal tax returns involving percentage depletion deductions are continually arising between taxpayers and the Commissioner.