RICE, Chief Judge.
This suit is for the recovery of income and excess profits taxes, and interest thereon, heretofore assessed against, and collected from, plaintiff by defendant for plaintiff's taxable years 1951, 1952, and 1953.
The suit arises under the provisions of the Internal Revenue Code of 1939. Section 114(b) (4) (A), 26 U.S.C.A. § 114 (b) (4) (A), provides that in the case of certain specified mines and natural deposits, the allowance for depletion...
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