Mississippi Valley Portland Cement Co. v. United States

*241OPINION OF THE COURT

DAN M. RUSSELL, Jr., Chief Judge.

In the three above numbered causes, plaintiff, a Mississippi corporation, seeks tax refunds paid for five taxable years ending January 31, 1961 through January 31, 1965. Plaintiff operates in two capacities, that of a miner of calcium carbonate rock deposits from its quarries in Mississippi, and as a producer of cement in its cement producing plant located within fifty miles of the quarries. Both parties agree that plaintiff is entitled to compute its depletion deduction under the proportionate profits method (26 U.S.C. § 613) inasmuch as…