NATIONAL LIME & STONE CO. v. UNITED STATES

No. 17230.

384 F.2d 381 (1967)

The NATIONAL LIME & STONE CO., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

October 24, 1967.


Attorney(s) appearing for the Case

Robert B. Gosline and Carl V. Bruggeman, Toledo, Ohio, for appellant.

John J. Kendrick, Toledo, Ohio, on brief, Shumaker, Loop & Kendrick, Toledo, Ohio, of counsel.

Thomas L. Stapleton, Atty., Dept. of Justice, Washington, D. C., for appellee.

Richard C. Pugh, Acting Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, Attys., Dept. of Justice, Washington, D. C., on brief, Merle M. McCurdy, U. S. Atty., John G. Mattimoe, Asst. U. S. Atty., Toledo, Ohio, of counsel.

Before PECK and McCREE, Circuit Judges, and CECIL, Senior Circuit Judge.


McCREE, Circuit Judge.

This is a taxpayer's appeal from a partial summary judgment in favor of the government in an action for refund of income and excess profits taxes paid for the years 1950-1954. The sole issue is whether the taxpayer is entitled to a 15% depletion allowance for the stone produced at one of its quarries or to only the 10% allowance determined by the district court.

The depletion allowance in this case is governed by Sec. 114(b) (4) (A)...

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