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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.
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