Pacific Rock & Gravel Co., a Corporation v. United States

CHAMBERS, Circuit Judge.

Pacific Rock & Gravel, plaintiff and appellant, has paid some 1954 federal corporation income taxes and claims it overpaid them. Now it sues for them back. After a very brief trial, there being no dispute as to the facts, decision and judgment went for the government, and Pacific Rock appeals.

We are concerned here with “carry-back” and “carry-forward” from one year to another of net operating losses as affected by rules on percentage depletion applicable to processed rock, sand and gravel. If the problem were wholly for years prior to 1954, all would admit taxpayer has…