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FRANCE STONE COMPANY v. UNITED STATES

Civ. No. 7827.

233 F.Supp. 688 (1964)

The FRANCE STONE COMPANY, a Corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. Ohio, W. D.

September 22, 1964.

Attorney(s) appearing for the Case

Shumaker, Loop & Kendrick, John J. Kendrick, Carl V. Bruggeman, Robert B. Gosline, Toledo, Ohio, for plaintiff.

Merle M. McCurdy, U. S. Atty., Cleveland, Ohio, John G. Mattimoe, Asst. U. S. Atty., Toledo, Ohio, Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston, David A. Wilson, Jr., Thomas F. Field, Attorneys, Department of Justice, Washington, D. C., for defendant.

KLOEB, District Judge.

This is an action to recover corporate income and excess profits taxes together with interest, and the taxable years at issue are the calendar years 1951 through 1953. The primary question involved is whether or not the stone produced by the France Stone Company from its six quarries is entitled to percentage depletion under Section 114(b) (4) (A) of the Internal Revenue Code of 1939 at the rate of 10% as dolomite, or at a rate of 15% as chemical...

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