Legal Opinion
Lehigh Portland Cement Co. v. United States
District Court, E.D. Pennsylvania
Decided October 30, 1961No. Civ. A. Nos. 23767, 24445, 25256PublishedCited by 3 opinions
1Opinion of the Court
GRIM, District Judge.
These are actions for refund of corporate income tax for the years 1951 through 1955. Taxpayer manufactures cement. After a long trial, focused largely on other questions, the issues have been winnowed until only one remains: whether the stone taken from most of the taxpayer’s quarries is chemical grade limestone or whether it is calcium carbonates.
Section 114(b) (4) (A) of the Internal Revenue Code of 1939, as amended by Section 319(a) of the Revenue Act of 1951, 26 U.S.C.A. § 114(b) (4) (A), fixes the percentage depletion rate for chemical grade limestone at 15% and…
2Cases cited5 opinions
- United States v. CalamaroSupreme Court of the United States · 1957
- Virginian Limestone Corp. v. CommissionerUnited States Tax Court · 1956
- Spencer Quarries, Inc. v. CommissionerUnited States Tax Court · 1956
- Iowa Limestone Co. v. CommissionerUnited States Tax Court · 1957
- Halquist v. CommissionerUnited States Tax Court · 1959
3Cited by3 opinions
- W. D. Haden Co. v. Comm'rUnited States Tax Court · 1961
- Faylor v. CommissionerUnited States Tax Court · 1963
- W. D. Haden Co. v. Comm'rUnited States Tax Court · 1961