UNITED STATES of America, Appellant,
v.
SAPULPA BRICK AND TILE CORPORATION, Appellee.
United States Court of Appeals Tenth Circuit.https://leagle.com/images/logo.png
December 20, 1956.
December 20, 1956.
Attorney(s) appearing for the Case
Hilbert P. Zarky, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Tulsa, Okl., Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Sheldon Fink, Atty., Dept. of Justice, B. Hayden Crawford, U. S. Atty., and Russell H. Smith, Asst. U. S. Atty., Atlanta, Ga., on the brief), for the United States.
Joseph B. Brennan, Atlanta, Ga. (Harold E. Rorschach, Willis B. Snell and Sutherland, Asbill & Brennan, Washington, D. C., on the brief), for appellee.
Before PHILLIPS, MURRAH and LEWIS, Circuit Judges.
United States Court of Appeals Tenth Circuit.
PHILLIPS, Circuit Judge.
Sapulpa Brick and Tile Corporation1 brought this action against the United States on a claim for refund of income taxes paid for the year 1953. The taxpayer is engaged in the business of mining brick and tile clay and processing it into burnt brick and tile. The taxpayer owns in fee simple a tract of land upon which its clay pit and brick and tile plant are located. In making burnt brick and tile, the taxpayer...
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