Page:United States Statutes at Large Volume 56 Part 1.djvu/934

 [56 STAT. PUBLIC LAWS-CH. 619-OCT. 21, 1942 "(9) NORMAL NITr PROFIT. -T he term 'normal unit profit' means the average profit for the base period per mineral unit for such period, determined by dividing the net income with respect to minerals recovered from the mineral property (computed with the allowance for depletion computed in accordance with the basis for depletion applicable to the current taxable year) during the base period by the number of mineral units recovered from the mineral property during the base period. "(10) ESTIMATED RECOVERABLE UNrrs. -The term 'estimated recoverable units' means the estimated number of units of metal, coal, or nonmetallic substances in the estimated recoverable min- erals from the mineral property at the end of the taxable year plus the excess output for such year. All estimates shall be sub- ject to the approval of the Commissioner, the determinations of whom, for the purposes of this section, shall be final and con- clusive. "(11) EXEMPT EXCESS OUTPUT.-The term 'exempt excess out- put' for any taxable year means a number of units equal to the following percentages of the excess output for such year: "100 per centum if the excess output exceeds 50 per centum of the estimated recoverable units; "95 per centum if the excess output exceeds 33%1 but not 50 per centum of the estimated recoverable units; "90 per centum if the excess output exceeds 25 but not 33% per centum of the estimated recoverable units; "85 per centum if the' excess output exceeds 20 but not 25 per centum of the estimated recoverable units; "80 per centum if the excess output exceeds 16% but not 20 per centum of the estimated recoverable units; "60 per centum if the excess output exceeds 142/7 but not 162/ per centum of the estimated recoverable units; "40 per centum if the excess output exceeds 121/2 but not 142/ per centuni of the estimated recoverable units; "30 per centum if the excess output exceeds 10 but not 121/2 per centum of the estimated recoverable units; "20 per centum if the excess output exceeds 5 but not 10 per centum of the estimated recoverable units. "(12) UNIT NET INCOME. -The term 'unit net income' means the amount ascertained by dividing the net income (computed with the allowance for depletion) from the coal or iron ore or the timber recovered from the coal mining property, iron mining property, or timber block, as the case may be, during the taxable year by the number of units of coal or iron ore, or timber, recov- ered from such property in such year. "(b) NONTAXABLE INCOME FROM EXEMPT EXCESS OUTPUT.- "(1) GENERAL RULE.-For any taxable year for which the excess output of mineral property which was in operation during the base period exceeds 5 per centum of the estimated recoverable units from such property, the nontaxable income from exempt excess output for such year shall be an amount equal to the exempt excess output for such year multiplied by the normal unit profit. but such amount shall not exceed the net income (computed with the allowance for depletion) attributable to the excess out- put for such year. "(2) COAL AND IRONWMNES.- For any taxable year, the non- taxable income from exempt excess output of a coal mining or iron mining property which was in operation during the base 906

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