HARBISON-WALKER REFRACTORIES COMPANY v. UNITED STATES

Nos. 14826, 14827.

340 F.2d 410 (1964)

HARBISON-WALKER REFRACTORIES COMPANY, Appellant, v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided December 29, 1964.

Rehearing Denied January 22, 1965.


Attorney(s) appearing for the Case

William J. Kenney, Kenney, Stevens, Hill & Clark, Pittsburgh, Pa., (William R. Hawkins, Pittsburgh, Pa., on the brief), for appellant.

Michael A. Mulroney, Dept. of Justice, Tax. Div., Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, Attys. Dept. of Justice, Washington, D. C., Gustave Diamond, U. S. Atty., Sebastian C. Pugliese, Asst. U. S. Atty., on the brief), for appellee.

Before HASTIE and FORMAN, Circuit Judges, and KIRKPATRICK, District Judge.


HASTIE, Circuit Judge.

On appeal, this suit for income tax refund for the taxable years 1951 and 1952 presents the single question whether the high-silica conglomerate, which the taxpayer extracts from one of its quarries and uses in the manufacture of refractories, qualifies for a 15 per cent depletion deduction as "quartzite" within the meaning of that term in subsection 114(b) (4) (A) (iii) of the Internal Revenue Code of 1939, as amended in 1951, rather than a...

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