GILLIAM, District Judge.
This action was brought by one of the partners of Ideal Brick Company to recover income tax paid under protest. The facts are stipulated and the only question presented is: should the Ideal Brick Company's gross income from mining, on which a percentage depletion deduction is allowable be permitted to include not only the income allocable to processes up to the final crushing and tempering of the clay, but also to those effecting chemical...
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