- 2 - allowance under section 613(b)(7)1 for the red dolomitic limestone mined and sold by petitioner as landscaping rock. This case was submitted fully stipulated under Rule 122. The stipulation of facts and attached exhibits are incorporated herein by this reference. Background Petitioner is a Minnesota corporation with its principal office in Shakopee, Minnesota. For the taxable years ending November 30, 1989, and November 30, 1990 (1989 and 1990, respectively), petitioner was the common parent of a consolidated group of corporations that joined in the filing of a consolidated corporate income tax return. Petitioner mines a material referred to as either dolomite or dolomitic limestone from three quarries in Shakopee, Minnesota, and additional quarries in Bayport, Hastings, and Denmark, Minnesota. This material comes within the meaning of either dolomite or limestone, or both, as those terms are used in section 613(b)(7). Hereinafter, we will refer to this material as dolomite. Petitioner's dolomite comes from the Oneonta Dolomite and Shakopee formation of the Prairie du Chien Group, an expansive sedimentary rock deposit extending throughout southeastern Minnesota and into portions of Wisconsin and Iowa. 1 Unless otherwise indicated, all statutory references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011