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RISSLER & McMURRY CO. v. UNITED STATES

Civ. No. 5511.

342 F.Supp. 432 (1972)

RISSLER & McMURRY CO., Inc., a corporation, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, D. Wyoming.

May 16, 1972.

Attorney(s) appearing for the Case

Leimback, Aspinwall & Hofer, Casper, Wyo., for plaintiff.

Richard V. Thomas, U. S. Atty., D. Wyoming, Cheyenne, Wyo., and Eugene D. Silverman, Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM OPINION

KERR, District Judge.

This is a civil action for the refund of federal income taxes in the sum of $5,911.96, together with statutory interest thereon, for the calendar year 1965.

A single issue is involved, viz: Did Taxpayer acquire an economic interest in a gravel pit owned by the City of Lander, Wyoming, such as to entitle it to a deduction for depletion for the taxable year in question.

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