Legal Opinion
South Jersey Sand Company v. Commissioner of Internal Revenue
Court of Appeals for the Third Circuit
Decided June 26, 1959No. 12806_1PublishedCited by 32 opinions
1Opinion of the Court
McLAUGHLIN, Circuit Judge.
The only issue before us in this tax case is whether the petitioner mined quartzite, which would entitle it to a 15 per cent depletion deduction, or sand, which would call for a 5 per cent deduction. Section 114(b) (4) (A) Internal Revenue Code of 1939, as amended by Section 319 Rev.Act 1951, 26 U.S.C.1952 ed. Section 114. The taxable years are 1951, 1952 and 1953.
During the period involved petitioner mined or dredged sand from deposits near Dividing Creek, New Jersey. The process consisted of removal of the top soil, etc., until the sand was exposed. Dredging…
2Cases cited6 opinions
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- Commissioner v. Southwest Exploration Co.Supreme Court of the United States · 1956
- Virginian Limestone Corp. v. CommissionerUnited States Tax Court · 1956
- Quartzite Stone Co. v. CommissionerUnited States Tax Court · 1958
- United States v. The Wagner Quarries CompanyCourt of Appeals for the Sixth Circuit · 1958
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Hefti v. CommissionerUnited States Tax Court · 1991
- Robert A. Riddell, District Director of Internal Fevenue, Former Collector of Internal Revenue v. Victorville Lime Rock Co., a CorporationCourt of Appeals for the Ninth Circuit · 1961
- Standard Realization Company v. United StatesCourt of Appeals for the Seventh Circuit · 1961
- Ashland Oil, Inc. v. CommissionerUnited States Tax Court · 1990
- Estate of Reddert v. United StatesDistrict Court, D. New Jersey · 1996
27 more not listed; retrieve them via the Exa API.