An Analysis of the Availability of Percentage Depletion for Lease Bonuses and Advance Royalties.
分析了1975年后石油天然气行业租赁奖金和预付款使用费是否仍适用百分比折耗扣除，梳理了国会立法、国税局立场与法院判决之间的冲突，对关注油气税收政策的学者和从业者有参考价值。
Abstract The percentage deplection deduction for the oil and gas industry has been one of the most controversial areas of the tax law for the past several years. In 1975, Congress generally repealed percentage depletion on oil and gas for taxable years ending after December 31, 1974. Congress, however, did retain percentage depletion for certain types of natural gas and for a limited amount of oil and gas production of independent producers and royalty owners. Several cases in the past two years have examined the question of whether percentage depletion is still available with respect to lease bonuses and advance royalties received by the lessors of oil and gas properties. The authors examine the tax treatment of lease bonuses and advance royalties before 1975, the background and pertinent provisions of the 1975 Act and Section 613A, and the conflicting positions taken by the IRS and the courts since 1975 with respect to lease bonuses and advance royalties. The present conflict between decisions rendered by the Tax Court, the Seventh Circuit Court of Appeals, and the Court of Claims has become most heated. The Supreme Court has granted certiorari to the government for the Seventh Circuit's decision in the Engle case and to the taxpayer for the Court of Claims' decision in the farmar case.