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STANDARD LIME AND CEMENT CO. v. UNITED STATES

No. 77-597.

503 F.Supp. 938 (1980)

STANDARD LIME AND CEMENT COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, W. D. Michigan, S. D.

November 3, 1980.

Attorney(s) appearing for the Case

Dennis I. Meyer, Baker & McKenzie, Washington, D. C., for plaintiff.

Donald A. Davis, Asst. U. S. Atty., James S. Brady, U. S. Atty., Detroit, Mich., Steven Z. Kaplan, Trial Atty., Tax Division, Dept. of Justice, Washington, D. C., for defendant.

OPINION

ENSLEN, District Judge.

In this action the Plaintiff seeks a refund for taxes paid during the period 1955 to 1959. Plaintiff contends that it was entitled to compute its depletion allowance deduction upon the basis of its income from magnesium hydroxide, rather than from its brine. At the time of the allegedly erroneous payments of income tax, Plaintiff was a wholly owned subsidiary of American-Marietta. In 1959, the parent company decided that it...

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