Dragon Cement Co. v. United States

GIGNOUX, District Judge.

This case is here on remand from the United States Court of Appeals for the First Circuit for proceedings not inconsistent with the opinion rendered by that *169Court1 on taxpayer’s complaint to recover federal income and excess profits taxes for the period January 1 to November 30, 1951. A brief recital of the history of this litigation is essential to an understanding of the issue now presented to this Court.

Throughout the tax period in question, Lawrence Portland Cement Company, the taxpayer’s predecessor, owned and operated two quarries, one in Maine and the other in…