W. D. Haden Co. v. Comm'r
United States Tax Court
1. Petitioner was engaged in the mining of deposits of oystershell off the Texas gulf coast. Petitioner sold part of the mineral mined to chemical companies which purchased the same for its high calcium carbonate content. The commonly understood commercial name of the mineral was oystershell and not calcium carbonates.
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1. Petitioner was engaged in the mining of deposits of oystershell off the Texas gulf coast. Petitioner sold part of the mineral mined to chemical companies which purchased the same for its high calcium carbonate content. The commonly understood commercial name of the mineral was oystershell and not calcium carbonates. Held, that the rates of depletion applicable to all of petitioner's operations are the 5 percent rates provided for oystershells in section 114(b)(4)(A)(i) of the Internal Revenue Code of 1939 and in section 613(b)(5) of the Internal Revenue Code of 1954. 2. Held, petitioner is…
1Opinion of the Court
OPINION.
Issue 1.
Black, Judge:
The first issue to be decided is whether the Haden Company may claim a depletion deduction on that part of its gross income derived from sales of oystershell to the chemical companies— Dow, Lone Star, and Nyotex — at the depletion rate applicable to calcium carbonates for the taxable years 1951 through 1957. Other questions raised by the pleadings involving depletion have been agreed to by the parties and are no longer in issue. Under the 1939 Code, as amended by section 319(a) of the Revenue Act of 1951, the rate of depletion applicable to calcium carbonates was…
2Cases cited9 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
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3Cited by7 opinions
- Swed Distributing Company v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1963
- W. D. Haden Company v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1963
- Central Commercial Co. v. CommissionerUnited States Tax Court · 1963
- Hatt v. CommissionerUnited States Tax Court · 1969
- Central Commercial Co. v. CommissionerUnited States Tax Court · 1963
2 more not listed; retrieve them via the Exa API.