In re the Assessment of Additional Income Taxes & Interest against Virginia-Carolina Chemical Corp.

The taxpayer is a foreign corporation. In connection with, and as a part of its business during the years involved, it operated a large phosphate mine in Florida and a smaller one in Tennessee. Although a substantial part of its other business was carried on in North Carolina, no phosphate mining was done here. This controversy involves the depletion allowance the taxpayer is entitled to deduct from its gross income on account of its phosphate mining operations.

In the taxpayer’s returns the deductions for depletion, though not specifically detailed, were based on percentage of income. The…