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FOOD MACHINERY AND CHEMICAL CORP. v. UNITED STATES

No. 357-59.

348 F.2d 921 (1965)

FOOD MACHINERY AND CHEMICAL CORPORATION, a Corporation v. The UNITED STATES.

United States Court of Claims.

July 16, 1965.

Attorney(s) appearing for the Case

Harry R. Horrow, San Francisco, Cal., for plaintiff, Robert W. Morrison, John G. Clancy, and Pillsbury, Madison & Sutro, San Francisco, Cal., of counsel.

Theodore D. Peyser, Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant, C. Moxley Featherston, Lyle M. Turner, and Philip R. Miller, Washington, D. C., of counsel.

Before COWEN, Chief Judge, LARAMORE, DURFEE and DAVIS, Judges, and JONES, Senior Judge.

JONES, Senior Judge.

The plaintiff, Food Machinery and Chemical Corporation, sues for an alleged overpayment of Federal income taxes for the year 1949 caused by the defendant's disallowance of a deduction to plaintiff for depletion of mineral deposits in that year. The amount claimed by the plaintiff as percentage depletion allowance is $71,778,1 which, if allowed, will cause a reduction of plaintiff's 1949 income tax in a proportionate...

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