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UNITED STATES v. PORTLAND CEMENT COMPANY OF UTAH

No. 8886.

378 F.2d 91 (1967)

UNITED STATES of America, Appellant, v. PORTLAND CEMENT COMPANY OF UTAH, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 26, 1967.

Attorney(s) appearing for the Case

Robert Livingston, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson and Melva M. Graney, Attys., Department of Justice, on the brief), for appellant.

Glen E. Fuller, Salt Lake City, Utah (Jack R. Decker, Salt Lake City, Utah, on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

We have again the problem of how to determine, for the purpose of fixing the depletion allowance granted by federal income tax statutes, the income from the mining of a unique mineral for which no market exists and which is first salable commercially as a finished product, cement. In the absence of sales of the mineral the gross income from mining must be determined constructively. The question is how to do this. The trial court adopted...

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