Portland Cement Company of Utah, a Corporation v. Commissioner of Internal Revenue

This is another chapter in the litigation concerning the application of the depletion allowance to the mining of cement rock and the manufacture of cement. The appellee in its brief states that this is its sixth appearance in this court on the issue. The fifth was in Portland Cement Co. of Utah v. United States, 412 F.2d 894 (10th Cir.). We also handed down an opinion in United States v. Ideal Basic Industries, Inc., 404 F.2d 122 (10th Cir.), under the 1968 Regulations. The issue before us is essentially the same as in the two cases cited.

This appeal is from the decision of the Tax Court…