Legal Opinion
United States v. Henderson Clay Products
Court of Appeals for the Fifth Circuit
Decided December 30, 1963No. 19471_1PublishedCited by 40 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
The problem this tax case presents is ■one of defining “gross income from mining” in determining the depletion allowance for an integrated miner-manufacturer of ball clay processed into bricks. The chief difficulty arises from the fact that although the first commercially marketable product of non-integrated clay miners is shredded ball clay having a market price of $10.50 a ton, the taxpayer sold its finished brick for only $8.75 a ton.
Section 23 (m) of the Internal Revenue •Code of 1939, 26 U.S.C.A. § 23 (m), established a deduction of a “reasonable allowance for…
2Cases cited22 opinions
- Sartor v. Arkansas Natural Gas Corp.Supreme Court of the United States · 1944
- Helvering v. Mountain Producers Corp.Supreme Court of the United States · 1938
- United States v. Cannelton Sewer Pipe Co.Supreme Court of the United States · 1960
- Alabama By-Products Corporation v. George D. Patterson, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1958
- United States v. Cherokee Brick & Tile CompanyCourt of Appeals for the Fifth Circuit · 1955
17 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Computervision Corp. v. United StatesCourt of Appeals for the Federal Circuit · 2006
- June Pinson Carlton and Charles T. Carlton, as Administrators of the Estate of Thad H. Carlton, and June Carlton v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Standard Lime and Cement Company (Formerly Known as the Standard Lime and Stone Company) v. The United StatesUnited States Court of Claims · 1964
- Exxon Corp. v. CommissionerUnited States Tax Court · 1994
- Salyersville National Bank v. United StatesCourt of Appeals for the Sixth Circuit · 1980
35 more not listed; retrieve them via the Exa API.