Commissioner of Internal Revenue v. Quartzite Stone Company

LEWIS, Circuit Judge,

The Commissioner of Internal Revenue petitions for review of a decision of the Tax Court wherein the Quartzite Stone Company, a Kansas corporation, was held entitled to deplete the natural deposits quarried by the company at the rate of 15 per cent for federal tax purposes during the years 1951, 1952, and 1953. The single issue presented is whether the tax court correctly determined that taxpayer’s mineral deposit was quartzite within the meaning of Section 114 (b) (4) (A) (iii), the Internal Revenue Code of 1939 (26 U.S.C., 1952 Ed. § 114) thereby rejecting the…