District Court, N.D. Georgia July 5, 1961, Civ. A. No. 6830 (Fannin Investment Co. v. United States)

HOOPER, Chief Judge.

Plaintiff, Fannin Investment Company (formerly Willingham-Little Stone Company) in the year 1953 was engaged in the quarrying of limestone at White-stone, Georgia. On its tax return for the year 1953 it claimed a depletion deduction pursuant to 26 U.S.C.A. § 114(b) (3, 4).