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26 U.S.C. § 614 — Definition of property
Federal law — U.S. Code and appendices · legal_authorities
Page 1805
TITLE 26—INTERNAL REVENUE CODE
§ 614
vision of the Revenue Reconciliation Act of 1990, Pub.
L. 101–508, title XI, to which such amendment relates,
see section 1702(i) of Pub. L. 104–188, set out as a note
under section 38 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Pub. L. 101–508, title XI, § 11521(c), Nov. 5, 1990, 104
Stat. 1388–486, provided that: ‘‘The amendments made
by this section [amending this section] shall apply to
transfers after October 11, 1990.’’
Amendment by section 11522(b)(1) of Pub. L. 101–508
applicable to taxable years beginning after Dec. 31,
1990, see section 11522(c) of Pub. L. 101–508, set out as a
note under section 613 of this title.
Pub. L. 101–508, title XI, § 11523(c), Nov. 5, 1990, 104
Stat. 1388–487, provided that: ‘‘The amendments made
by this section [amending this section] shall apply to
taxable years beginning after December 31, 1990.’’
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 104(b)(9) of Pub. L. 99–514 ap-
plicable to taxable years beginning after Dec. 31, 1986,
see section 151(a) of Pub. L. 99–514, set out as a note
under section 1 of this title.
Amendment by section 412(a)(1) of Pub. L. 99–514 ap-
plicable to amounts received or accrued after Aug. 16,
1986, in taxable years ending after such date, see sec-
tion 412(a)(3) of Pub. L. 99–514, set out as a note under
section 613 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Pub. L. 98–369, div. A, title I, § 25(c)(2), July 18, 1984,
98 Stat. 507, provided that: ‘‘The amendments made by
subsection (b) [amending this section] shall take effect
on January 1, 1984.’’
Amendment by section 71(b) of Pub. L. 98–369 applica-
ble with respect to property contributed to the partner-
ship after Mar. 31, 1984, in taxable years ending after
s
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Page 1805
TITLE 26—INTERNAL REVENUE CODE
§ 614
vision of the Revenue Reconciliation Act of 1990, Pub.
L. 101–508, title XI, to which such amendment relates,
see section 1702(i) of Pub. L. 104–188, set out as a note
under section 38 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Pub. L. 101–508, title XI, § 11521(c), Nov. 5, 1990, 104
Stat. 1388–486, provided that: ‘‘The amendments made
by this section [amending this section] shall apply to
transfers after October 11, 1990.’’
Amendment by section 11522(b)(1) of Pub. L. 101–508
applicable to taxable years beginning after Dec. 31,
1990, see section 11522(c) of Pub. L. 101–508, set out as a
note under section 613 of this title.
Pub. L. 101–508, title XI, § 11523(c), Nov. 5, 1990, 104
Stat. 1388–487, provided that: ‘‘The amendments made
by this section [amending this section] shall apply to
taxable years beginning after December 31, 1990.’’
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 104(b)(9) of Pub. L. 99–514 ap-
plicable to taxable years beginning after Dec. 31, 1986,
see section 151(a) of Pub. L. 99–514, set out as a note
under section 1 of this title.
Amendment by section 412(a)(1) of Pub. L. 99–514 ap-
plicable to amounts received or accrued after Aug. 16,
1986, in taxable years ending after such date, see sec-
tion 412(a)(3) of Pub. L. 99–514, set out as a note under
section 613 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Pub. L. 98–369, div. A, title I, § 25(c)(2), July 18, 1984,
98 Stat. 507, provided that: ‘‘The amendments made by
subsection (b) [amending this section] shall take effect
on January 1, 1984.’’
Amendment by section 71(b) of Pub. L. 98–369 applica-
ble with respect to property contributed to the partner-
ship after Mar. 31, 1984, in taxable years ending after
such date, see section 71(c) of Pub. L. 98–369, set out as
a note under section 704 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by section 202(d)(1) of Pub. L. 97–448 ap-
plicable to transfers in taxable years ending after Dec.
31, 1974, but only for purposes of applying this section
to periods after Dec. 31, 1979, and amendment by sec-
tion 202(d)(2) of Pub. L. 97–448 applicable to bulk sales
after Sept. 18, 1982, see section 203(b)(3) of Pub. L.
97–448, set out as a note under section 6652 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–354 applicable to taxable
years beginning after Dec. 31, 1982, see section 6(a) of
Pub. L. 97–354, set out as an Effective Date note under
section 1361 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Pub. L. 96–603, § 3(b), Dec. 28, 1980, 94 Stat. 3513, as
amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat.
2095, provided that: ‘‘The amendments made by sub-
section (a) [amending this section] shall apply to trans-
fers in taxable years ending after December 31, 1974, but
only for purposes of applying section 613A of the Inter-
nal Revenue Code of 1986 [formerly I.R.C. 1954] to peri-
ods after December 31, 1979.’’
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–618 effective on Oct. 1, 1978,
and applicable to taxable years ending on or after such
date, see section 403(c) of Pub. L. 95–618, set out as a
note under section 613 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–30 applicable to taxable
years beginning after Dec. 31, 1976, see section 106(a) of
Pub. L. 95–30, set out as a note under section 1 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by section 1901(a)(86) of Pub. L. 94–455 ef-
fective for taxable years beginning after Dec. 31, 1976,
see section 1901(d) of Pub. L. 94–455, set out as a note
under section 2 of this title.
Pub. L. 94–455, title XXI, § 2115(f), Oct. 4, 1976, 90 Stat.
1910, provided that: ‘‘The amendments made by this
section [amending this section and sections 703 and 705
of this title] shall take effect on January 1, 1975, and
shall apply to taxable years ending after December 31,
1974.’’
EFFECTIVE DATE
Pub. L. 94–12, title V, § 501(c), Mar. 29, 1975, 89 Stat. 53,
provided that: ‘‘The amendments made by this section
[enacting this section and amending sections 613 and
703 of this title] shall take effect on January 1, 1975,
and shall apply to taxable years ending after December
31, 1974.’’
SAVINGS PROVISION
For provisions that nothing in amendment by section
401(b)(26) of Pub. L. 115–141 be construed to affect treat-
ment of certain transactions occurring, property ac-
quired, or items of income, loss, deduction, or credit
taken into account prior to Mar. 23, 2018, for purposes
of determining liability for tax for periods ending after
Mar. 23, 2018, see section 401(e) of Pub. L. 115–141, set
out as a note under section 23 of this title.
For provisions that nothing in amendment by section
11815(a) of Pub. L. 101–508 be construed to affect treat-
ment of certain transactions occurring, property ac-
quired, or items of income, loss, deduction, or credit
taken into account prior to Nov. 5, 1990, for purposes of
determining liability for tax for periods ending after
Nov. 5, 1990, see section 11821(b) of Pub. L. 101–508, set
out as a note under section 45K of this title.
TRANSFER OF FUNCTIONS
The Federal Power Commission was terminated, and
its functions, personnel, property, funds, etc., were
transferred to the Secretary of Energy (except for cer-
tain functions which were transferred to the Federal
Energy Regulatory Commission) by sections 7151(b),
7171(a), 7172(a), 7291, and 7293 of Title 42, The Public
Health and Welfare.
COORDINATION WITH OTHER PROVISION
Pub. L. 95–618, title IV, § 403(d), Nov. 9, 1978, 92 Stat.
3204, provided that: ‘‘Any allowance for depletion al-
lowed by reason of the amendments made by subsection
(b) [amending this section] shall not be treated as a
credit, exemption, deduction, or comparable adjust-
ment applicable to the computation of any Federal tax
which is specifically allowable with respect to any
high-cost natural gas (or category thereof) for purposes
of section 107(d) of the Natural Gas Policy Act of 1978
[section 3317(d) of Title 15, Commerce and Trade].’’
§ 614. Definition of property
(a) General rule
For the purpose of computing the depletion al-
lowance in the case of mines, wells, and other
natural deposits, the term ‘‘property’’ means
each separate interest owned by the taxpayer in
each mineral deposit in each separate tract or
parcel of land.
(b) Special rules as to operating mineral inter-
ests in oil and gas wells or geothermal depos-
its
In the case of oil and gas wells or geothermal
deposits—
(1) In general
Except as otherwise provided in this sub-
section—
(A) all of the taxpayer’s operating mineral
interests in a separate tract or parcel of land
Page 1806
TITLE 26—INTERNAL REVENUE CODE
§ 614
shall be combined and treated as one prop-
erty, and
(B) the taxpayer may not combine an oper-
ating mineral interest in one tract or parcel
of land with an operating mineral interest in
another tract or parcel of land.
(2) Election to treat operating mineral inter-
ests as separate properties
If the taxpayer has more than one operating
mineral interest in a single tract or parcel of
land, he may elect to treat one or more of such
operating mineral interests as separate prop-
erties. The taxpayer may not have more than
one combination of operating mineral inter-
ests in a single tract or parcel of land. If the
taxpayer makes the election provided in this
paragraph with respect to any interest in a
tract or parcel of land, each operating mineral
interest which is discovered or acquired by the
taxpayer in such tract or parcel of land after
the taxable year for which the election is
made shall be treated—
(A) if there is no combination of interests
in such tract or parcel, as a separate prop-
erty unless the taxpayer elects to combine it
with another interest, or
(B) if there is a combination of interests in
such tract or parcel, as part of such com-
bination unless the taxpayer elects to treat
it as a separate property.
(3) Certain unitization or pooling arrange-
ments
(A) In general
Under regulations prescribed by the Sec-
retary, if one or more of the taxpayer’s oper-
ating mineral interests participate, under a
voluntary or compulsory unitization or pool-
ing agreement, in a single cooperative or
unit plan of operation, then for the period of
such participation—
(i) they shall be treated for all purposes
of this subtitle as one property, and
(ii) the application of paragraphs (1), (2),
and (4) in respect of such interests shall be
suspended.
(B) Limitation
Subparagraph (A) shall apply to a vol-
untary agreement only if all the operating
mineral interests covered by such agree-
ment—
(i) are in the same deposit, or are in 2 or
more deposits the joint development or
production of which is logical from the
standpoint of geology, convenience, econ-
omy, or conservation, and
(ii) are in tracts or parcels of land which
are contiguous or in close proximity.
(4) Manner, time, and scope of election
(A) Manner and time
Any election provided in paragraph (2)
shall be made for each operating mineral in-
terest, in the manner prescribed by the Sec-
retary by regulations, not later than the
time prescribed by law for filing the return
(including extensions thereof) for the first
taxable year in which any expenditure for
development or operation in respect of such
operating mineral interest is made by the
taxpayer after the acquisition of such inter-
est.
(B) Scope
Any election under paragraph (2) shall be
for all purposes of this subtitle and shall be
binding on the taxpayer for all subsequent
taxable years.
(c) Special rules as to operating mineral inter-
ests in mines
(1) Election to aggregate separate interests
Except in the case of oil and gas wells and
geothermal deposits, if a taxpayer owns two or
more separate operating mineral interests
which constitute part or all of an operating
unit, he may elect (for all purposes of this sub-
title)—
(A) to form an aggregation of, and to treat
as one property, all such interests owned by
him which comprise any one mine or any
two or more mines; and
(B) to treat as a separate property each
such interest which is not included within
an aggregation referred to in subparagraph
(A).
For purposes of this paragraph, separate oper-
ating mineral interests which constitute part
or all of an operating unit may be aggregated
whether or not they are included in a single
tract or parcel of land and whether or not they
are included in contiguous tracts or parcels.
For purposes of this paragraph, a taxpayer
may elect to form more than one aggregation
of operating mineral interests within any one
operating unit; but no aggregation may in-
clude any operating mineral interest which is
a part of a mine without including all of the
operating mineral interests which are a part
of such mine in the first taxable year for
which the election to aggregate is effective,
and any operating mineral interest which
thereafter becomes a part of such mine shall
be included in such aggregation.
(2) Election to treat a single interest as more
than one property
Except in the case of oil and gas wells and
geothermal deposits, if a single tract or parcel
of land contains a mineral deposit which is
being extracted, or will be extracted, by means
of two or more mines for which expenditures
for development or operation have been made
by the taxpayer, then the taxpayer may elect
to allocate to such mines, under regulations
prescribed by the Secretary, all of the tract or
parcel of land and of the mineral deposit con-
tained therein, and to treat as a separate prop-
erty that portion of the tract or parcel of land
and of the mineral deposit so allocated to each
mine. A separate property formed pursuant to
an election under this paragraph shall be
treated as a separate property for all purposes
of this subtitle (including this paragraph). A
separate property so formed may, under regu-
lations prescribed by the Secretary, be in-
cluded as a part of an aggregation in accord-
ance with paragraphs (1) and (3). The election
provided by this paragraph may not be made
with respect to any property which is a part of
an aggregation formed by the taxpayer under
Page 1807
TITLE 26—INTERNAL REVENUE CODE
§ 614
paragraph (1) except with the consent of the
Secretary.
(3) Manner and scope of election
The elections provided by paragraphs (1) and
(2) shall be made, in accordance with regula-
tions prescribed by the Secretary, not later
than the time prescribed for filing the return
(including extensions thereof) for the first tax-
able year—
(A) in which, in the case of an election
under paragraph (1), any expenditure for de-
velopment or operation in respect of the sep-
arate operating mineral interest is made by
the taxpayer after the acquisition of such in-
terest, or
(B) in which, in the case of an election
under paragraph (2), expenditures for devel-
opment or operation of more than one mine
in respect of a property are made by the tax-
payer after the acquisition of the property.
An election made under paragraph (1) or (2) for
a taxable year shall be binding upon the tax-
payer for such year and all subsequent taxable
years, except that the Secretary may consent
to a different treatment of any interest with
respect to which an election has been made.
(d) Operating mineral interests defined
For purposes of this section, the term ‘‘oper-
ating mineral interest’’ includes only an inter-
est in respect of which the costs of production of
the mineral are required to be taken into ac-
count by the taxpayer for purposes of computing
the taxable income limitation provided for in
section 613, or would be so required if the mine,
well, or other natural deposit were in the pro-
duction stage.
(e) Special rule as to nonoperating mineral inter-
ests
(1) Aggregation of separate interests
If a taxpayer owns two or more separate
nonoperating mineral interests in a single
tract or parcel of land or in two or more adja-
cent tracts or parcels of land, the Secretary
shall, on showing by the taxpayer that a prin-
cipal purpose is not the avoidance of tax, per-
mit the taxpayer to treat (for all purposes of
this subtitle) all such mineral interests in
each separate kind of mineral deposit as one
property. If such permission is granted for any
taxable year, the taxpayer shall treat such in-
terests as one property for all subsequent tax-
able years unless the Secretary consents to a
different treatment.
(2) Nonoperating mineral interests defined
For purposes of this subsection, the term
‘‘nonoperating mineral interests’’ includes
only interests which are not operating mineral
interests.
(Aug. 16, 1954, ch. 736, 68A Stat. 210; Pub. L.
85–866, title I, § 37(a)–(d), Sept. 2, 1958, 72 Stat.
1633–1637; Pub. L. 88–272, title II, § 226(a), (b), Feb.
26, 1964, 78 Stat. 94, 96; Pub. L. 94–455, title XIX,
§§ 1901(a)(87)(A)(i), (B), (C), 1906(b)(13)(A), Oct. 4,
1976, 90 Stat. 1779, 1834; Pub. L. 95–618, title IV,
§ 403(a)(2)(C), (D), Nov. 9, 1978, 92 Stat. 3204; Pub.
L. 101–508, title XI, § 11522(b)(2), Nov. 5, 1990, 104
Stat. 1388–486; Pub. L. 113–295, div. A, title II,
§ 221(a)(65), Dec. 19, 2014, 128 Stat. 4048.)
Editorial Notes
AMENDMENTS
2014—Subsec. (b)(3)(C). Pub. L. 113–295, § 221(a)(65)(A),
struck out subpar. (C) which related to a special rule
for voluntary or compulsory unitization or pooling ar-
rangements entered into in taxable years beginning be-
fore Jan. 1, 1964.
Subsec. (b)(4)(A). Pub. L. 113–295, § 221(a)(65)(B), which
directed amendment of par. (4) by striking out ‘‘which-
ever of the following years is later: The first taxable
year beginning after December 31, 1963, or’’, was exe-
cuted by striking out ‘‘whichever of the following tax-
able years is the later: The first taxable year beginning
after December 31, 1963, or’’ before ‘‘the first taxable
year’’ in subpar. (A), to reflect the probable intent of
Congress.
Subsec. (b)(5). Pub. L. 113–295, § 221(a)(65)(A), struck
out par. (5). Text read as follows: ‘‘If, on the day pre-
ceding the first day of the first taxable year beginning
after December 31, 1963, the taxpayer has any operating
mineral interests which he treats under subsection (d)
of this section (as in effect before the amendments
made by the Revenue Act of 1964), such treatment shall
be continued and shall be deemed to have been adopted
pursuant to paragraphs (1) and (2) of this subsection (as
amended by such Act).’’
1990—Subsec. (d). Pub. L. 101–508 substituted ‘‘taxable
income’’ for ‘‘50 percent’’.
1978—Subsec. (b). Pub. L. 95–618, § 403(a)(2)(C), inserted
‘‘or geothermal deposits’’ after ‘‘gas wells’’ in heading
and introductory provisions.
Subsec. (c). Pub. L. 95–618, § 403(a)(2)(D), substituted
‘‘oil and gas wells and geothermal deposits’’ for ‘‘oil
and gas wells’’ wherever appearing.
1976—Subsecs. (b)(3)(A), (4)(A), (e). Pub. L. 94–455,
§ 1906(b)(13)(A), struck out ‘‘or his delegate’’ after ‘‘Sec-
retary’’.
Subsec.
(c)(2).
Pub.
L.
94–455,
§§ 1901(a)(87)(B),
1906(b)(13)(A), struck out ‘‘or his delegate’’ after ‘‘Sec-
retary’’ wherever appearing and ‘‘, but the provisions of
paragraph (4) shall not apply with respect to such sepa-
rate property’’ after ‘‘in accordance with paragraphs (1)
and (3)’’.
Subsec. (c)(3). Pub. L. 94–455, § 1901(a)(87)(C), among
other changes, struck out references to the first tax-
able year beginning after Dec. 31, 1957, and provisions
relating to elections for taxable years beginning before
Jan. 1, 1958, relating to election after final regulations,
and relating to statute of limitations.
Subsec. (c)(4). Pub. L. 94–455, § 1901(a)(87)(A)(i), struck
out par. (4) which related to a special rule as to deduc-
tions under section 615(a) of this title prior to aggrega-
tion.
1964—Subsec. (b). Pub. L. 88–272, § 226(a), amended sub-
sec. (b) generally, and among other changes, sub-
stituted provisions stating that except as otherwise
provided, all of the taxpayer’s operating mineral inter-
ests in a separate tract or parcel of land will be com-
bined and treated as one property, that the taxpayer
may not combine any operating mineral interest in one
tract or parcel of land with an operating mineral inter-
est in another tract or parcel of land, that if he has
more than one operating mineral interest in a single
tract of land he may elect to treat one or more of such
interests as separate properties, limited, however, to
one combination of interests in a single tract of land,
and providing, in the event the election in par. (2) is
made with respect to any tract of land, for the treat-
ment of interests discovered or acquired by the tax-
payer in such a tract after the taxable year for which
the election is made, for provisions which permitted a
taxpayer who owned two or more separate operating
mineral interests which constituted all or a part of an
operating unit, to elect to form one aggregation and
treat as one property any two or more of these inter-
ests, treating as separate properties any interests
which he did not include in the one aggregation, to ag-
gregate separate interests whether or not in a single
tract of land, or contiguous tracts of land, and which
Page 1808
TITLE 26—INTERNAL REVENUE CODE
[§ 615
forbade him to form more than one aggregation within
a single operating unit, inserted provisions in par. (3)
relating to unitization or pooling arrangements, and in
par (5), providing that if the taxpayer has operating
mineral interests on the day preceding the first day of
the first taxable year beginning after Dec. 31, 1963,
which he treats under subsec. (d) of this section as in
effect before amendment by Pub. L. 88–272, he shall con-
tinue such treatment and it shall be deemed adopted
pursuant to pars. (1) and (2) of this subsection, and
struck out provisions defining ‘‘operating mineral in-
terests’’, and providing for termination of election with
respect to mines, excepting oil and gas wells. For defi-
nition of ‘‘operating mineral interests’’, see subsec. (d)
of this section.
Subsec. (c). Pub. L. 88–272, § 226(b)(1), (2), struck out
par. (5) which defined operating mineral interests, and
‘‘1958’’ before ‘‘Special rules’’ in heading.
Subsec. (d). Pub. L. 88–272, § 226(b)(3), amended subsec.
(d) generally, substituting the definition of operating
mineral interests, for provisions relating to the 1939
Code treatment respecting operating mineral interest
in case of oil and gas wells.
Subsec. (e)(2). Pub. L. 88–272, § 226(b)(4), struck out
‘‘within the meaning of subsection (b)(3)’’ at end.
1958—Subsec. (b)(4). Pub. L. 85–866, § 37(a), added par.
(4).
Subsecs. (c) to (e). Pub. L. 85–866, § 37(b)–(d), added
subsecs. (c) and (d), redesignated former subsec. (c) as
(e), and substituted in first sentence of par. (1) ‘‘or in
two or more adjacent tracts’’ for ‘‘or in two or more
contiguous tracts’’ and ‘‘shall, on showing by the tax-
payer that a principal purpose is not the avoidance of
tax, permit the taxpayer to treat (for all purposes of
this subtitle) all such mineral interests in each sepa-
rate kind of mineral deposit as one property’’ for ‘‘may,
on showing of undue hardship, permit the taxpayer to
treat (for all purposes of this subtitle) all such mineral
interests as one property’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–295 effective Dec. 19, 2014,
subject to a savings provision, see section 221(b) of Pub.
L. 113–295, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–508 applicable to taxable
years beginning after Dec. 31, 1990, see section 11522(c)
of Pub. L. 101–508, set out as a note under section 613 of
this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–618 effective Oct. 1, 1978,
and applicable to taxable years ending on or after such
date, see section 403(c) of Pub. L. 95–618, set out as a
note under section 613 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Pub. L. 94–455, title XIX, § 1901(a)(87)(A)(ii), Oct. 4,
1976, 90 Stat. 1779, as amended by Pub. L. 99–514, § 2, Oct.
22, 1986, 100 Stat. 2095, provided that: ‘‘The amendment
made by clause (i) [amending this section] shall apply
with respect to elections to form aggregations of oper-
ating mineral interests made under section 614(c)(1) of
the Internal Revenue Code of 1986 [formerly I.R.C. 1954]
for taxable years beginning after December 31, 1976.’’
EFFECTIVE DATE OF 1964 AMENDMENT
Pub. L. 88–272, title II, § 226(d), Feb. 26, 1964, 78 Stat.
97, provided that: ‘‘The amendments made by sub-
sections (a) and (b) [amending this section] shall apply
to taxable years beginning after December 31, 1963.’’
EFFECTIVE DATE OF 1958 AMENDMENT
Pub. L. 85–866, title I, § 37(e), Sept. 2, 1958, 72 Stat.
1638, provided that: ‘‘The amendments made by sub-
sections (a) and (c) [amending this section] shall apply
with respect to taxable years beginning after December
31, 1953, and ending after August 16, 1954. The amend-
ments made by subsection (b) [amending this section]
shall apply with respect to taxable years beginning
after December 31, 1957, except that such amendments
shall, at the election of the taxpayer made in con-
formity with such amendments, apply with respect to
taxable years beginning after December 31, 1953, and
ending after August 16, 1954. The amendment made by
subsection (d) [amending this section] shall apply with
respect to taxable years beginning after December 31,
1957, except that with respect to any taxpayer such
amendment shall, at the election of the taxpayer, apply
with respect to taxable years beginning after December
31, 1953, and ending after August 16, 1954.’’
ALLOCATION OF BASIS IN CERTAIN CASES
Pub. L. 88–272, title II, § 226(c), Feb. 26, 1964, 78 Stat.
96, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095, provided that: ‘‘For purposes of the Internal
Revenue Code of 1986 [formerly I.R.C. 1954]—
‘‘(1) FAIR MARKET VALUE RULE.—Except as provided
in paragraph (2), if a taxpayer has a section 614(b) ag-
gregation, then the adjusted basis (as of the first day
of the first taxable year beginning after December 31,
1963) of each property included in such aggregation
shall be determined by multiplying the adjusted basis
of the aggregation by a fraction—
‘‘(A) the numerator of which is the fair market
value of such property, and
‘‘(B) the denominator of which is the fair market
value of such aggregation.
For purposes of this paragraph, the adjusted basis
and the fair market value of the aggregation, and the
fair market value of each property included therein,
shall be determined as of the day preceding the first
day of the first taxable year which begins after De-
cember 31, 1963.
‘‘(2) ALLOCATION OF ADJUSTMENTS, ETC.—If the tax-
payer makes an election under this paragraph with
respect to any section 614(b) aggregation, then the
adjusted basis (as of the first day of the first taxable
year beginning December 31, 1963) of each property in-
cluded in such aggregation shall be the adjusted basis
of such property at the time it was first included in
the aggregation by the taxpayer, adjusted for that
portion of those adjustments to the basis of the ag-
gregation which are reasonably attributable to such
property. If, under the preceding sentence, the total
of the adjusted bases of the interests included in the
aggregation exceeds the adjusted basis of the aggre-
gation (as of the day preceding the first day of the
first taxable year which begins after December 31,
1963), the adjusted bases of the properties which in-
clude such interests shall be adjusted, under regula-
tions prescribed by the Secretary of the Treasury or
his delegate, so that the total of the adjusted bases of
such interests equals the adjusted basis of the aggre-
gation. An election under this paragraph shall be
made at such time and in such manner as the Sec-
retary of the Treasury or his delegate shall by regula-
tions prescribe.
‘‘(3) DEFINITIONS.—For purposes of this subsection—
‘‘(A) SECTION 614(b) AGGREGATION.—The term ‘sec-
tion 614(b) aggregation’ means any aggregation to
which section 614(b)(1)(A) of the Internal Revenue
Code of 1986 (as in effect before the amendments
made by subsection (a) of this section) applied for
the day preceding the first day of the first taxable
year beginning after December 31, 1963.
‘‘(B) PROPERTY.—The term ‘property’ has the
same meaning as is applicable, under section 614 of
the Internal Revenue Code of 1986, to the taxpayer
for the first taxable year beginning after December
31, 1963.’’
[§ 615. Repealed. Pub. L. 94–455, title XIX,
§ 1901(a)(88), Oct. 4, 1976, 90 Stat. 1779]
Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 211; July
6, 1960, Pub. L. 86–594, § 1, 74 Stat. 333; Sept. 12, 1966,
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** For the purpose of computing the depletion allowance in the case of mines, wells, and other natural deposits, the term “property” means each separate interest owned by the taxpayer in each mineral deposit in each separate tract or parcel of land.
**(b) Special rules as to operating mineral interests in oil and gas wells or geothermal deposits** In the case of oil and gas wells or geothermal deposits—
(1) **In general** — Except as otherwise provided in this subsection—
(A) all of the taxpayer’s operating mineral interests in a separate tract or parcel of land shall be combined and treated as one property, and
(B) the taxpayer may not combine an operating mineral interest in one tract or parcel of land with an operating mineral interest in another tract or parcel of land.
(2) **Election to treat operating mineral interests as separate properties** — If the taxpayer has more than one operating mineral interest in a single tract or parcel of land, he may elect to treat one or more of such operating mineral interests as separate properties. The taxpayer may not have more than one combination of operating mineral interests in a single tract or parcel of land. If the taxpayer makes the election provided in this paragraph with respect to any interest in a tract or parcel of land, each operating mineral interest which is discovered or acquired by the taxpayer in such tract or parcel of land after the taxable year for which the election is made shall be treated—
(A) if there is no combination of interests in such tract or parcel, as a separate property unless the taxpayer elects to combine it with another interest, or
(B) if there is a combination of interests in such tract or parcel, as part of such combination unless the taxpayer elects to t
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 614
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.