The Dow Chemical Company v. Commissioner of Internal Revenue

CELEBREZZE, Circuit Judge.

This is an appeal by the Commissioner of Internal Revenue (hereinafter, the “Commissioner”) from a decision of the United States Tax Court determining the basis for the computation of the depletion allowance for income tax purposes of the Dow Chemical Company (hereinafter, the “Taxpayer”). The Taxpayer pumps natural brine from wells located at Midland and Ludington, Michigan, and extracts minerals from the brine through the application of various treatment processes. On appeal, the Commissioner contends that Taxpayer’s “gross income from mining” (the statutory basis…