Legal Opinion
Soil Builders, Inc. v. United States
Court of Appeals for the Fifth Circuit
Decided April 22, 1960No. 17962_1PublishedCited by 2 opinions
1Opinion of the Court
TUTTLE, Circuit Judge.
The taxpayer here appeals from a judgment n. o. v. entered by the trial court in a suit for recovery of income taxes based on the refusal of the Commissioner of Internal Revenue to recognize as subject to percentage depletion the income from the sale of colloidal phosphate recovered as “tailings” from an earlier mining of hard rock phosphate.
Appellant’s suit was predicated on Section 23 (m) and Section 114(b) (3) and (4) of the Internal Revenue Code of 1939. 1 These sections provide that “In the case of mines, oil and gas wells, other natural deposits and timber, a…
2Cases cited7 opinions
- Atlas Milling Co. v. JonesCourt of Appeals for the Tenth Circuit · 1940
- Chicago Mines Co. v. CommissionerCourt of Appeals for the Tenth Circuit · 1947
- Consolidated Chollar Gould & Savage Min. Co. v. CommissionerCourt of Appeals for the Ninth Circuit · 1943
- Kohinoor Coal Co. v. CommissionerCourt of Appeals for the Third Circuit · 1948
- Pacific Cement & Aggregates, Inc. v. CommissionerUnited States Tax Court · 1958
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Commissioner of Internal Revenue v. Claude C. Wood CompanyCourt of Appeals for the Ninth Circuit · 1963
- Commissioner of Internal Revenue v. Claude C. Wood CompanyCourt of Appeals for the Ninth Circuit · 1963