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FANNIN INVESTMENT COMPANY v. UNITED STATES

Civ. A. No. 6830.

197 F.Supp. 693 (1961)

FANNIN INVESTMENT COMPANY, Inc. v. UNITED STATES of America.

United States District Court N. D. Georgia, Atlanta Division.

Motion to Amend Findings Overruled August 21, 1961.

Order of Court Reopening Case September 15, 1961.

Attorney(s) appearing for the Case

Wilson, Branch & Barwick, Atlanta, Ga., for plaintiff.

Charles D. Read, Jr., U. S. Atty., Atlanta, Ga., by Slaton Clemmons, Asst. U. S. Atty., Atlanta, Ga., for defendant.

HOOPER, Chief Judge.

Plaintiff, Fannin Investment Company (formerly Willingham-Little Stone Company) in the year 1953 was engaged in the quarrying of limestone at Whitestone, 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). The plaintiff contends such allowance should be based upon the cost of terrazo and marble roofing chips, together with the cost of bagging the same, but the Government contends...

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