n-09-74.pdf

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Part III - Administrative, Procedural, and Miscellaneous

2009 Marginal Production Rates

Notice 2009-74

This notice announces the applicable percentage under § 613A of the Internal
Revenue Code to be used in determining percentage depletion for marginal properties
for the 2009 calendar year.
Section 613A(c)(6)(C) defines the term "applicable percentage" for purposes of
determining percentage depletion for oil and gas produced from marginal properties.
The applicable percentage is the percentage (not greater than 25 percent) equal to the
sum of 15 percent, plus one percentage point for each whole dollar by which $20
exceeds the reference price (determined under § 45K(d)(2)(C)) for crude oil for the
calendar year preceding the calendar year in which the taxable year begins. The
reference price determined under § 45K(d)(2)(C) for the 2008 calendar year is $94.03.
Table 1 contains the applicable percentages for marginal production for taxable
years beginning in calendar years 1991 through 2009.

Notice 2009-74 Table 1

APPLICABLE PERCENTAGE FOR MARGINAL PRODUCTION
Calendar Year
Applicable Percentage

1991 15 percent
1992 18 percent
1993 19 percent
1994 20 percent
1995 21 percent
1996 20 percent
1997 16 percent
1998 17 percent
1999 24 percent
2000 19 percent
2001 15 percent
2002 15 percent
2003 15 percent
2004 15 percent
2005 15 percent
2006 15 percent
2007 15 percent
2008 15 percent
2009 15 percent

The principal author of this notice is Brian J. Americus of the Office of Associate
Chief Counsel (Passthroughs and Special Industries). For further information regarding
this notice contact Mr. Americus at (202) 622-3110 (not a toll-free call).