SHEEHY, District Judge.
This, an income tax refund case, presents the problem of determining the "statutory percentage mining depletion allowance" for a taxpayer who mines a mineral which it owns and processes into a product which it sells. The years involved are 1951, 1952 and 1953.
During all times pertinent hereto Appellee, hereinafter referred to as Longhorn, was engaged in mining limestone, of a type or variety called cement rock, from its quarry adjacent...
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