Monolith Portland Cement Company, a Corporation v. United States of America, United States of America v. Monolith Portland Cement Company, a Corporation

269 F.2d 629 MONOLITH PORTLAND CEMENT COMPANY, a corporation, Appellant, v. UNITED STATES of America, Appellee. UNITED STATES of America, Appellant, v. MONOLITH PORTLAND CEMENT COMPANY, a corporation, Appellee. No. 16063. United States Court of Appeals Ninth Circuit. July 2, 1959. Enright, Elliott & Betz, Joseph T. Enright, Norman Elliott, Bill B. Betz, Los Angeles, Cal., for appellant. Howard A. Heffron, Acting Asst. Atty. Gen., James P. Turner, Melva M. Graney, Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., Laughlin E. Waters, U. S. Atty., Edward R. McHale, Asst. U. S. Atty., Los Angeles, Cal., for appellee. Before CHAMBERS, HAMLEY and JERTBERG, Circuit Judges. HAMLEY, Circuit Judge. 1 Monolith Portland Cement Company brought this action against the United States seeking a refund of a portion of its federal income taxes paid for 1951. The theory of the action is that the company in preparing its 1951 return understated the depletion allowance which it was entitled to deduct from the gross income derived from a limestone quarry. Recovery in the sum of $264,435.41 was sought. After a trial a judgment in that amount was entered. 2 Although it obtained judgment in…