VIRGINIA GREENSTONE COMPANY v. UNITED STATES

No. 8577.

308 F.2d 669 (1962)

VIRGINIA GREENSTONE COMPANY, Incorporated, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals Fourth Circuit.

Decided September 24, 1962.


Attorney(s) appearing for the Case

Melva M. Graney, Atty., Dept. of Justice (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice; Thomas B. Mason, U. S. Atty., and Lawrence C. Musgrove, Asst. U. S. Atty., on brief), for appellant.

Frank G. Davidson, Jr., Lynchburg, Va. (Lapsley W. Hamblen, Jr., and Caskie, Frost, Davidson & Watts, Lynchburg, Va., on brief), for appellee.

Before SOPER, HAYNSWORTH and BELL, Circuit Judges.


HAYNSWORTH, Circuit Judge.

The question is the basis for the computation of the depletion allowance for income tax purposes for this miner-manufacturer of dimension stone. The District Court held that sand finished stone, cut to the dimensions specified by the customer, is the first marketable product of the quarry and that depletion should be computed on the basis of the gross income from the sale of such stone. We think gross income from the sale of quarry block...

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