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IOWA LIMESTONE COMPANY v. UNITED STATES

No. 17936.

365 F.2d 63 (1966)

IOWA LIMESTONE COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

August 10, 1966.

Attorney(s) appearing for the Case

James Evans Cooney, Des Moines, Iowa, Darrell D. Wiles, St. Louis, Mo., for appellant.

Melva M. Graney, Attorney, Tax Division, Dept. of Justice, Washington, D. C., for appellee; C. Moxley Featherston, Acting Asst. Atty. Gen., and Lee A. Jackson, Chief Appellate Section, Washington, D. C., Donald M. Statton, U. S. Atty., on the brief.

Before MATTHES, MEHAFFY and GIBSON, Circuit Judges.

MATTHES, Circuit Judge.

This case involves the recurring problem of the amount of percentage depletion allowance to which a miner of chemical and metallurgical grade limestone is entitled for income tax purposes. The question was presented to us in Commissioner of Internal Revenue v. Iowa Limestone Company, (same taxpayer), 269 F.2d 398 (8th Cir. 1959), and in Bookwalter v. Centropolis Crusher Company, 272 F.2d 391...

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