Legal Opinion

The H. Frazier Company, Inc. v. The United States

United States Court of Claims

Decided May 9, 1962No. 100-59PublishedCited by 8 opinions

1Opinion of the Court

LARAMORE, Judge.

This is a suit for refund of income tax allegedly overpaid by the taxpayer for the year 1951.

Plaintiff, a West Virginia corporation, operates a limestone quarry for the production of crushed limestone which it sells for use as railroad ballast.

This litigation grew out of a controversy between plaintiff and the Internal Revenue Service concerning the applicable rate of depletion to which plaintiff was entitled under 26 U.S.C. (I.R.C.1939) § 114(b) (4) (1952 Ed.). The defendant does not dispute the fact that plaintiff is entitled to a deduction for depletion of a natural…

2Cases cited7 opinions

  1. Anderson v. HelveringSupreme Court of the United States · 1940
  2. Virginian Limestone Corp. v. CommissionerUnited States Tax Court · 1956
  3. Spencer Quarries, Inc. v. CommissionerUnited States Tax Court · 1956
  4. United States v. The Wagner Quarries CompanyCourt of Appeals for the Sixth Circuit · 1958
  5. Iowa Limestone Co. v. CommissionerUnited States Tax Court · 1957

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. W. D. Haden Company v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1963
  2. Vulcan Materials Company v. Ernest J. Sauber, District Director of Internal Revenue, and D. J. Luippold, Acting District Director of Internal RevenueCourt of Appeals for the Seventh Circuit · 1962
  3. Harbison-Walker Refractories Co. v. United StatesDistrict Court, W.D. Pennsylvania · 1958
  4. Rock Hill Quarries Co. v. United StatesDistrict Court, E.D. Missouri · 1963
  5. Central Commercial Co. v. CommissionerUnited States Tax Court · 1963

3 more not listed; retrieve them via the Exa API.

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