Legal Opinion

Food MacHinery and Chemical Corporation, a Corporation v. The United States

United States Court of Claims

Decided July 16, 1965No. 357-59PublishedCited by 4 opinions

1Opinion of the Court

JONES, Senior Judge.

The plaintiff, Food Machinery and Chemical Corporation, sues for an alleged overpayment of Federal income taxes for the year 1949 caused by the defendant’s disallowance of a deduction to plaintiff for depletion of mineral deposits in that year. The amount claimed by the plaintiff as percentage depletion allowance is $71,778, 1 which, if allowed, will cause a reduction of plaintiff’s 1949 income tax in a proportionate amount and a refund will be in order.

The issues presented are (1) did the .taxpayer possess the requisite economic x fferest in the mineral in place, and if…

2Cases cited16 opinions

  1. Palmer v. BenderSupreme Court of the United States · 1932
  2. United States v. LudeySupreme Court of the United States · 1927
  3. Burton-Sutton Oil Co. v. CommissionerSupreme Court of the United States · 1946
  4. Commissioner v. Southwest Exploration Co.Supreme Court of the United States · 1956
  5. Lynch v. Alworth-Stephens Co.Supreme Court of the United States · 1925

11 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. International Paper Co. v. United StatesUnited States Court of Federal Claims · 1995
  2. Woodville Lime Products Co. v. United StatesDistrict Court, N.D. Ohio · 1966
  3. Gap Anthracite Co. v. CommissionerUnited States Tax Court · 1972
  4. Thornberry Construction Co. v. United StatesUnited States Court of Claims · 1978

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