Court of Appeals for the Fifth Circuit April 8, 1964, 19910 (United States v. Longhorn Portland Cement Company)

SHEEHY, District Judge.

This, an income tax refund ease, presents the problem of determining the “statutory percentage mining depletion allowance” for a taxpayer who mines a mineral which it owns and processes into a product which it sells. The years involved are 1951, 1952 and 1953.