AYERS MATERIALS COMPANY, INC. v. COMMISSIONER

Docket No. 827-73.

62 T.C. 557 (1974)

AYERS MATERIALS COMPANY, INC., PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed July 31, 1974.


Attorney(s) appearing for the Case

Charles Kohlmeyer, Jr., and William Stein, Jr., for the petitioner.

W. B. Riley and Bruce A. McArdle, for the respondent.


STERRETT, Judge:

With respect to his audit of petitioner's Federal income tax return for the fiscal year ended May 31, 1968, respondent made the following adjustments: (1) Petitioner's depletion deduction for that year should be reduced by $40,729.39, thereby increasing the stated tax liability by $20,362.01, and (2) a prior refund of the 1968 tax paid in the amount of $32,310.11 by reason of the application of a net operating loss carryback from the fiscal...

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