KIMBALL FARMS, INC. v. COMMISSIONER

Docket No. 5053-66.

26 T.C.M. 1180 (1967)

T.C. Memo. 1967-231

Kimball Farms, Inc. v. Commissioner.

United States Tax Court.

Filed November 20, 1967.


Attorney(s) appearing for the Case

James W. R. Brown, 300 Continental Bldg., Omaha, Neb., for the petitioner. Ronald M. Rykberg, for the respondent.


Memorandum Findings of Fact and Opinion

SCOTT, Judge:

Respondent determined a deficiency in petitioner's income tax for its fiscal year ended May 31, 1963, in the amount of $3,129.79.

The issues for decision are:

(1) Whether respondent properly disallowed a portion of the deduction for depletion claimed by petitioner because of computing its depletion on a percentage instead of a cost depletion basis.

(2) Whether a deduction in the...

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