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OTTAWA SILICA CO. v. UNITED STATES

No. 272-78.

699 F.2d 1124 (1983)

OTTAWA SILICA COMPANY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

January 26, 1983.

Attorney(s) appearing for the Case

Warren C. Seieroe, Chicago, Ill., for appellant. With him on the brief were Charles N. Huber and McDermott, Will & Emery, Chicago, Ill.

Betty N. Ferber, Washington, D.C., for appellee. With her on the brief were Asst. Attys. Gen. Glenn L. Archer, Jr., Theodore D. Peyser, Jr., and Donald H. Olson, Washington, D.C.

Before DAVIS, NICHOLS and NIES, Circuit Judges.

PER CURIAM.

This tax refund suit for tax years 1964, 1967, 1969-1971, comes before us on appeal from the United States Claims Court.* Two issues are involved: (1) whether taxpayer Ottawa Silica Company is entitled to certain percentage depletion deductions for 1965-71, and (2) whether that company may claim a charitable contribution for the transfer of land to a high school district. On both questions, Judge Colaianni ruled against taxpayer...

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