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MOUNTAIN FUEL SUPPLY COMPANY v. UNITED STATES

No. 605-70.

449 F.2d 816 (1971)

MOUNTAIN FUEL SUPPLY COMPANY, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 3, 1971.

Attorney(s) appearing for the Case

Grant W. Wiprud, Atty., Tax Div., Dept. of Justice (Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks and Issie L. Jenkins, Attys., Tax Div., Dept. of Justice, and C. Nelson Day, U. S. Atty., of counsel, with him on the brief), for appellant.

J. Wendell Bayles and Edward J. McDonough, Salt Lake City, Utah (Joseph S. Jones and John Crawford, Jr., Salt Lake City, Utah, with them on the brief), for appellee.

Before SETH, ALDISERT, and McWILLIAMS, Circuit Judges.

SETH, Circuit Judge.

This is an action to recover income taxes paid by the Mountain Fuel Supply Company, for the years 1962, 1963, and 1964. The company is engaged in the business of producing natural gas and operating pipelines for the gathering, transmission, and distribution of natural gas. This appeal concerns two unrelated issues. One is the proper depletion base for the condensate produced by the taxpayer from wells or leases it owns or in which it has an interest...

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