Sec. 1328. DETERMINATION OF SMALL REFINER EXCEPTION TO OIL DEPLETION DEDUCTION

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## SEC. 1328 DETERMINATION OF SMALL REFINER EXCEPTION TO OIL DEPLETION DEDUCTION ###

(a)In General Paragraph

(4)of section 613A(d) (relating to limitations on application of subsection (c)) is amended to read as follows: > > #### “(4) Certain refiners excluded > > If the taxpayer or one or more related persons engages in the refining of crude oil, subsection

(c)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 75,000 barrels. For purposes of this paragraph, the average daily refinery runs for any taxable year shall be determined by dividing the aggregate refinery runs for the taxable year by the number of days in the taxable year.” > . ###

(b)Effective Date The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act.