The Louisiana Land and Exploration Company v. Charles A. Donnelly, Formerly Collector of Internal Revenue

AINSWORTH, Circuit Judge:

Louisiana Land and Exploration Company (LL&E), taxpayer, has appealed from an adverse judgment of the district court in its suit for refund of federal income and excess profits taxes paid for the calendar years 1950 through 1953. The sole issue is whether taxpayer, as owner of a mineral interest in oil and gas (81/3% of total production less certain agreed production expenses), is entitled to an additional depletion allowance on income received increased by the amount of severance taxes attributable to such interest.

The facts were stipulated by the parties…