UNITED STATES v. SHURBET

No. 20972.

347 F.2d 103 (1965)

UNITED STATES of America, Appellant, v. Marvin SHURBET et ux., Appellees.

United States Court of Appeals Fifth Circuit.

June 7, 1965.


Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Dept. of Justice, Lee A. Jackson, Atty., Dept. of Justice, John B. Jones, Jr., Acting Asst. Atty. Gen., Dept. of Justice, Michael A. Mulroney, Melva M. Graney, Attys., Dept. of Justice, Washington, D. C., H. Barefoot Sanders, U. S. Atty., Dallas Tex., for appellant.

Edwin L. Kahn, John J. Sexton, Washington, D. C., George W. McCleskey, Clarence P. Brazill, Jr., Lubbock, Tex., J. Chrys Dougherty, Austin, Tex., for appellees.

Before HUTCHESON and RIVES, Circuit Judges, and GROOMS, District Judge.


RIVES, Circuit Judge.

The question presented is whether, on their income tax returns for the year 1959, the taxpayers are entitled to a cost depletion deduction for the exhaustion of their capital investment in the ground water extracted and disposed of by them in their business of irrigation farming. We affirm the judgment of the district court which answered that question in the affirmative.

The case was carefully and elaborately tried as a test case for...

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