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CANNELTON SEWER PIPE COMPANY v. UNITED STATES

No. 12496.

268 F.2d 334 (1959)

CANNELTON SEWER PIPE COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

June 15, 1959.

Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., Melva M. Graney, Atty., U. S. Dept. of Justice, Washington, D. C., Don A. Tabbert, U. S. Atty., Indianapolis, Ind., Howard A. Heffron, Acting Asst. Atty. Gen., Lee A. Jackson, Marvin W. Weinstein, Attys., Dept. of Justice, Washington, D. C., John C. Vandivier, Jr., Asst. U. S., Atty., Indianapolis, Ind., for appellant.

Howard P. Travis, Indianapolis, Ind., Royse & Travis, John A. Royse, Thomas A. Hendrickson, Indianapolis, Ind., of counsel, for appellee.

Before DUFFY, Chief Judge, and HASTINGS and KNOCH, Circuit Judges.

HASTINGS, Circuit Judge.

Taxpayer, Cannelton Sewer Pipe Company, brought this suit in the district court for a refund of income tax paid in 1951. The sole question before us is what constitutes the proper basis for the computation of percentage depletion to which taxpayer is entitled. At all times relevant to this proceeding, taxpayer was engaged, near Cannelton, Indiana, in the mining of fire clay and shale and the manufacture of vitrified clay sewer pipe and related...

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