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There are a number of limitations on the percentage of depletion deduction, but there is a limited exception for independent producers and royalty owners. This

There are a number of limitations on the percentage of depletion deduction, but there is a limited exception for independent producers and royalty owners. This deduction, however,
is not
available for a taxpayer that is a retailer or refiner. But 613A(d)(4) indicates that a percentage depletion deduction shall
not apply
to the taxpayer for a taxable year if the average daily refinery runs of the taxpayer and such persons for the taxable year exceed fill in the blank 3
barrels.

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