Legal Opinion

Simons Brick Co. v. Commissioner

Court of Appeals for the Ninth Circuit

Decided November 24, 1930No. 6082PublishedCited by 4 opinions

1Opinion of the Court

KERRIGAN, District Judge.

Petitioner is a California, corporation engaged in the business of manufacturing brick aud tile. Prior to March 3, 1933, the corporation had acquired four tracts of clay land. The present controversy relates solely to tho proper rate at which the allowance for depletion of these lands shall be computed. Tho Board of Tax Appeals determined that a reasonable allowance for depletion was $.0144 peí- ton. The petitioner claims a rate of $.14.

Tho applicable statute is section 234(a) (9), Revenue Acts of 1938 and 1921 (40 Slat. 1077 and 42 Stat. 254), which provides:

“Sec.…

2Cases cited3 opinions

  1. Bedell v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1929
  2. Heiner v. CrosbyCourt of Appeals for the Third Circuit · 1928
  3. Royal Packing Co. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1927

3Cited by4 opinions

  1. International Artists, Ltd. v. CommissionerUnited States Tax Court · 1970
  2. Tumwater Lumber Mills Co. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1933
  3. International Artists, Ltd. v. CommissionerUnited States Tax Court · 1970
  4. Seas Shipping Co. v. CommissionerUnited States Tax Court · 1965

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