OZARK CHEMICAL CO. v. JONES

No. 2336.

125 F.2d 1 (1941)

OZARK CHEMICAL CO. v. JONES, Collector of Internal Revenue.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 12, 1942.


Attorney(s) appearing for the Case

Fenelon Boesche, of Tulsa, Okl. (Roscoe E. Harper, Bradford J. Williams, and Richard P. Ryan, all of Tulsa, Okl., on the brief), for appellant.

Carlton Fox, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., J. Louis Monarch and Lester L. Gibson, Sp. Assts. to Atty. Gen., and Charles E. Dierker, U. S. Atty., and George H. McElroy, Asst. U. S. Atty., both of Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.


HUXMAN, Circuit Judge.

The question presented for determination is whether appellant is entitled to take discovery value depletion under Sec. 114(b) (2) of the Revenue Act of 1934, 48 Stat. 680, 710, 26 U.S.C.A. Int.Rev.Code, § 114 (b) (2) on account of the discovery of a deposit of sodium sulphate in solution.

Appellant was engaged in the manufacture and sale of chemicals. In 1930 it investigated Soda Lake, near...

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