Cherokee Brick & Tile Co. v. United States

DAVIS, Chief Judge.

In this action the plaintiff seeks a refund of income and excess profits taxes, which it claims were erroneously assessed and collected. The sole point of dispute is the amount of depletion allowance properly allowable to the taxpayer in its return for the short fiscal period January 1, 1951 to September 30, 1951. This is a question of statutory construction and application, involving the definition of terms and the application of them to the facts in the case. There is no dis pute as to any of the material facts. The parties are in agreement as to the amount of tax paid,…