Legal Opinion
Warner Company, in No. 73-1722 v. United States of America, in No. 73-1723
Court of Appeals for the Third Circuit
Decided September 27, 1974No. 73-1722, 73-1723PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
GARTH, Circuit Judge.
Warner Company (Warner) brought this action for a refund of federal income taxes alleged to have been erroneously paid for the taxable years 1956 through 1959 and 1961. 1 From a judgment in favor of the taxpayer, the Government appeals. 2 The issue presented is whether Warner is entitled to employ the “proportionate profits” method of computing its percentage depletion allowance of limestone. The resolution of that issue depends upon whether a “representative market or field price” existed for Warner’s limestone.
The district court concluded that “there…
2Cases cited17 opinions
- Commissioner v. DubersteinSupreme Court of the United States · 1960
- United States v. Cannelton Sewer Pipe Co.Supreme Court of the United States · 1960
- Alabama By-Products Corporation v. George D. Patterson, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1958
- Phillips Petroleum Co. v. BynumCourt of Appeals for the Fifth Circuit · 1946
- United States v. Henderson Clay ProductsCourt of Appeals for the Fifth Circuit · 1963
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3Cited by1 opinion
- Walter Demkowicz and Dorothy Demkowicz v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1977