United States v. Longhorn Portland Cement Company

SHEEHY, District Judge.

This, an income tax refund ease, presents the problem of determining the “statutory percentage mining depletion allowance” for a taxpayer who mines a mineral which it owns and processes into a product which it sells. The years involved are 1951, 1952 and 1953.

During all times pertinent hereto Appellee, hereinafter referred to as Longhorn, was engaged in mining limestone, of a type or variety called cement rock, from its quarry adjacent to San Antonio, Texas, and using it to make Portland cement at its cement plant located at the quarry site. Such cement rock has an…