UNITED STATES v. LONGHORN PORTLAND CEMENT COMPANY

No. 19910.

328 F.2d 491 (1964)

UNITED STATES of America, Appellant, v. LONGHORN PORTLAND CEMENT COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 8, 1964.


Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Tax Div., Dept. of Justice, Washington, D. C., Ernest Morgan, U. S. Atty., William O. Murray, Asst. U. S. Atty., San Antonio, Tex., Melva M. Graney, Atty., Tax Div., Dept. of Justice, Washington, D. C., for appellant.

Rupert N. Gresham, Reagan Houston, III, San Antonio, Tex., for appellee.

Before RIVES and GEWIN, Circuit Judges, and SHEEHY, District Judge.


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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