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PINE HALL-POMONA CORPORATION v. UNITED STATES

Nos. C-35, C-187.

234 F.Supp. 792 (1964)

PINE HALL-POMONA CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court M. D. North Carolina, Winston-Salem Division.

August 13, 1964.

Attorney(s) appearing for the Case

Leon L. Rice, Jr., Womble, Carlyle, Sandridge & Rice, Winston-Salem, N. C., for plaintiff.

Alphonsus C. Murphy, Dept. of Justice, Washington, D. C., and Henry Fry, Asst. U. S. Atty., for Middle Dist. of N. C., for defendant.

GORDON, District Judge.

These actions were instituted to recover income and excess profits taxes, plus interest, paid to the Government for the calendar years 1950, 1951, and 1953-1956, inclusive. The actions involve allowances for percentage depletion under § 114 of the Internal Revenue Code of 1939 and § 613 of the Internal Revenue Code of 1954, computed pursuant to an Act of Congress of September 26, 1961 (Public Law 87-312, 75 Stat. 674) inasmuch as...

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