Legal Opinion
The National Lime & Stone Co. v. United States
Court of Appeals for the Sixth Circuit
Decided October 24, 1967No. 17230PublishedCited by 3 opinions
1Opinion of the Court
McCREE, Circuit Judge.
This is a taxpayer’s appeal from a partial summary judgment in favor of the government in an action for refund of income and excess profits taxes paid for the years 1950-1954. The sole issue is whether the taxpayer is entitled to a 15% depletion allowance for the stone produced at one of its quarries or to only the 10% allowance determined by the district court.
The depletion allowance in this case is governed by Sec. 114(b) (4) (A) of the Internal Revenue Code of 1939. That section provides a 5% depletion allowance for “stone” and then further provides :(ii) in the case…
2Cases cited3 opinions
- United States v. The Wagner Quarries CompanyCourt of Appeals for the Sixth Circuit · 1958
- The Erie Stone Company v. United States of America, Toledo Stone & Glass Sand Company v. United StatesCourt of Appeals for the Sixth Circuit · 1962
- James River Hydrate and Supply Company, Incorporated v. United StatesCourt of Appeals for the Fourth Circuit · 1964
3Cited by3 opinions
- Maryland Green Marble Corp. v. United StatesCourt of Appeals for the Fourth Circuit · 1975
- Maryland Green Marble Corporation v. United States of America, Royal Green Marble Company, Inc., a New Jersey Corporation, by Its Corporate Successor, General Stone and Materials Corporation, a Virginia Corporation v. United States of America, Stone Products Corporation v. United States of America, Royal Green Marble Company, Inc. v. United States of America, Southern Aggregates, Incorporated v. United StatesCourt of Appeals for the Fourth Circuit · 1975
- National Lime & Stone Co. v. United StatesDistrict Court, N.D. Ohio · 1968