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DEWITT v. MAGMA COPPER COMPANY

No. 2 CA-CIV 1030.

16 Ariz. App. 305 (1972)

492 P.2d 1243

L. Waldo DEWITT et al., Appellants, v. MAGMA COPPER COMPANY, a Delaware corporation, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 13, 1972.

Review Denied April 11, 1972.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by James D. Winter, Asst. Atty. Gen., Phoenix, for appellants.

Twitty, Sievwright & Mills, by Howard A. Twitty, Phoenix, for appellee; Haliburton Fales II, New York City, of counsel.

HATHAWAY, Judge.

Magma Copper Company, appellee, brought suit in the Superior Court of Pinal County in October 1969, to obtain a refund from the State of Arizona of income taxes in the amount of $159,836 with interest. The defendant, Arizona Tax Commission, moved for summary judgment on the basis that federal income taxes are deductible in determining the net income limitation on the depletion allowance for purposes of the Arizona Income Tax Act. Magma's position...

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