G. & W. H. Corson, Inc. v. Commissioner
United States Tax Court
Held: 1. The 5-percent depletion rate provided for in sec. 613(b)(7), I.R.C. 1954, is applicable to dolomitic limestone used by petitioner as an aggregate in the manufacture of Poz-O-Pac, a patented product, which is used primarily as a base for roads, even though there is some chemical reaction between the dolomitic limestone and another ingredient in Poz-O-Pac. 2. The 5-percent depletion rate provided for in sec. 613(b)(7) is applicable to the pulverized dolomitic…
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Held: 1. The 5-percent depletion rate provided for in sec. 613(b)(7), I.R.C. 1954, is applicable to dolomitic limestone used by petitioner as an aggregate in the manufacture of Poz-O-Pac, a patented product, which is used primarily as a base for roads, even though there is some chemical reaction between the dolomitic limestone and another ingredient in Poz-O-Pac. 2. The 5-percent depletion rate provided for in sec. 613(b)(7) is applicable to the pulverized dolomitic limestone used as an aggregate in the manufacture of petitioner's masonry cement even though there is some chemical reaction…
1Opinion of the Court
OPINION
Section 613(b)(7),3 provides for a 15-percent depletion allowance for all other minerals not previously listed in the section, except that a 5-percent rate shall be used for any such other mineral “when used or sold for use, by the mine owner or operator as rip rap, ballast, road material, rubble, concrete aggregates, or for similar purposes.” The terms used in this Code section should be defined as they are commonly understood within their commercially accepted context. In the industry riprap is a term which is used to define large boulders of stone piled up on beaches and other areas…
2Cases cited7 opinions
- Virginian Limestone Corp. v. CommissionerUnited States Tax Court · 1956
- South Jersey Sand Company v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959
- Spencer Quarries, Inc. v. CommissionerUnited States Tax Court · 1956
- Commissioner of Internal Revenue v. Quartzite Stone CompanyCourt of Appeals for the Tenth Circuit · 1959
- Quartzite Stone Co. v. CommissionerUnited States Tax Court · 1958
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- G. & W. H. Corson, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1971
- C. J. Langenfelder & Son, Inc. v. CommissionerUnited States Tax Court · 1977
- Maryland Green Marble Corp. v. United StatesCourt of Appeals for the Fourth Circuit · 1975
- C. J. Langenfelder & Son, Inc. v. CommissionerUnited States Tax Court · 1977
- G. & W. H. Corson, Inc. v. CommissionerUnited States Tax Court · 1970
3 more not listed; retrieve them via the Exa API.