OCCIDENTAL PETROLEUM CORP. v. UNITED STATES

No. 253-79T.

685 F.2d 1346 (1982)

OCCIDENTAL PETROLEUM CORPORATION v. The UNITED STATES.

United States Court of Claims.

August 11, 1982.


Attorney(s) appearing for the Case

Robert J. Casey, Washington, D. C., attorney of record, for plaintiffs. James R. Ron, John A. Craig, William F. O'Brien, Jr., William F. Conroy and Finley, Kumble, Wagner, Heine, Underberg & Casey, Washington, D. C., of counsel.

William B. Barker, Washington, D. C., with whom was Asst. Atty. Gen. Glenn L. Archer, Jr., Washington D. C., for defendant. Theodore D. Peyser, Robert S. Watkins, Kenneth R. Boiarsky, Washington, D. C., of counsel.

Before DAVIS, KASHIWA and SMITH, Judges.


OPINION

DAVIS, Judge:

This tax refund suit comes to us on fairly simple and straightforward stipulated facts. In calculating its income tax for the years 1970 and 1971, Occidental Petroleum Corporation claimed and was allowed deductions for percentage depletion under section 611 of the Internal Revenue Code in the aggregate amounts of about $190,000,000. This amount exceeded plaintiff's adjusted basis in the properties by approximately $19,000,000. Occidental...

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