Legal Opinion

W. D. Haden Co. v. Comm'r

United States Tax Court

Decided December 21, 1961No. Docket Nos. 76898, 78803Published

1. Petitioner was engaged in the mining of deposits of oystershell off the Texas gulf coast. Petitioner sold part of the mineral mined to chemical companies which purchased the same for its high calcium carbonate content. The commonly understood commercial name of the mineral was oystershell and not calcium carbonates.

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1. Petitioner was engaged in the mining of deposits of oystershell off the Texas gulf coast. Petitioner sold part of the mineral mined to chemical companies which purchased the same for its high calcium carbonate content. The commonly understood commercial name of the mineral was oystershell and not calcium carbonates. Held, that the rates of depletion applicable to all of petitioner's operations are the 5 percent rates provided for oystershells in section 114(b)(4)(A)(i) of the Internal Revenue Code of 1939 and in section 613(b)(5) of the Internal Revenue Code of 1954. 2. Held, petitioner is…

1Opinion of the Court

W. D. Haden Company, Petitioner, v. Commissioner of Internal Revenue, Respondent

W. D. Haden Co. v. Comm'r

Docket Nos. 76898, 78803

United States Tax Court

37 T.C. 512; 1961 U.S. Tax Ct. LEXIS 10;

December 21, 1961, Filed

Decisions will be entered under Rule 50.

1. Petitioner was engaged in the mining of deposits of oystershell off the Texas gulf coast. Petitioner sold part of the mineral mined to chemical companies which purchased the same for its high calcium carbonate content. The commonly understood commercial name of the mineral was oystershell and not calcium carbonates. Held, that the rates…

2Cases cited10 opinions

  1. Virginian Limestone Corp. v. CommissionerUnited States Tax Court · 1956
  2. South Jersey Sand Company v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959
  3. Spencer Quarries, Inc. v. CommissionerUnited States Tax Court · 1956
  4. Commissioner of Internal Revenue v. Quartzite Stone CompanyCourt of Appeals for the Tenth Circuit · 1959
  5. Quartzite Stone Co. v. CommissionerUnited States Tax Court · 1958

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