Harney v. Land
United States Tax Court
1. Held, the renegotiation proceedings involved were commenced in the form and manner and within the period of limitation prescribed by the applicable renegotiation statutes. 2. Held, under the circumstances herein, the respondent could validly determine the amount of excessive profits upon the basis of the consolidated profits of the two partnership contractors for the year 1942. 3. The Renegotiation Acts of 1942 and 1943 are constitutional as applied to the petitioners…
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1. Held, the renegotiation proceedings involved were commenced in the form and manner and within the period of limitation prescribed by the applicable renegotiation statutes. 2. Held, under the circumstances herein, the respondent could validly determine the amount of excessive profits upon the basis of the consolidated profits of the two partnership contractors for the year 1942. 3. The Renegotiation Acts of 1942 and 1943 are constitutional as applied to the petitioners herein. 4. The amount of excessive profits determined.
1Opinion of the Court
OPINION.
Hill, Judge:
Issue 1. — Petitioners contend that the renegotiation proceedings involved “were not begun in the form or manner nor within the time provided * * *” by the Renegotiation Acts of 1942 and 1943.
With respect to 1942 petitioners argue that the commencement of the proceeding is governed by section 403 (c) (5) of the Renegotiation Act of 1942.1 That is not correct. Section 403 (c) (5) is applicable when the proceeding is initiated by the contractor by voluntarily filing information with the Secretary. The contractors here did not voluntarily file any information with the…
2Cases cited4 opinions
- Lichter v. United StatesSupreme Court of the United States · 1948
- Stein Bros. Mfg. Co. v. Secretary of WarUnited States Tax Court · 1946
- Spray Cotton Mills v. Secretary of WarUnited States Tax Court · 1947
- Moening v. War Contracts Price Adjustment BoardUnited States Tax Court · 1950
3Cited by3 opinions
- Oregon Brass Works v. War Contracts Price Adjustment BoardUnited States Tax Court · 1951
- Harney v. LandUnited States Tax Court · 1950
- Oregon Brass Works v. War Contracts Price Adjustment BoardUnited States Tax Court · 1951