The Erie Stone Company v. United States of America, Toledo Stone & Glass Sand Company v. United States

McALLISTER, Circuit Judge.

These consolidated cases, involving federal income and excess profits taxes, are concerned with depletion allowances and depend upon the meaning to be given certain kinds of sedimentary rock as set forth in the tax laws.

In these cases, the writer of this opinion is of the view that certain rock herein described as dolomite, or as dolomitic limestone of metallurgical and chemical grade, is entitled to a depletion allowance of 15% as “limestone of metallurgical and chemical grade,” and that the so-called “No. 63 limestone" is entitled to a statutory depletion allowance…