SCOTT, Judge:
Respondent determined deficiencies in petitioner's income taxes for the calendar years 1961, 1962, and 1963 in the respective amounts of $5,725.83, $3,235.13, and $547.23.
Certain of the issues have been disposed of by agreement of the parties leaving for decision the following:
(1) Whether the dolomitic limestone used by petitioner in the manufacture of its patented product Poz-O-Pac is entitled to a depletion allowance of 5 percent...
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