Albert & J. M. Anderson Mfg. Co. v. Secretary of War
United States Tax Court
1. Renegotiation -- Constitutionality. -- The Renegotiation Act is constitutional as applied to the petitioner for 1942. 2. Renegotiation -- Unilateral Determination -- Validity of -- Prior Bilateral Agreement. -- The unilateral determination upon which this proceeding is based is valid, since a prior proposed bilateral agreement was not agreed to by or on behalf of the Secretary of War. 3. Renegotiation -- Final Payment -- Section 403 (c) (6). -- The last actual payment was…
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1. Renegotiation -- Constitutionality. -- The Renegotiation Act is constitutional as applied to the petitioner for 1942. 2. Renegotiation -- Unilateral Determination -- Validity of -- Prior Bilateral Agreement. -- The unilateral determination upon which this proceeding is based is valid, since a prior proposed bilateral agreement was not agreed to by or on behalf of the Secretary of War. 3. Renegotiation -- Final Payment -- Section 403 (c) (6). -- The last actual payment was made prior to April 28, 1942, and was "final payment," even though thereafter claim for a further payment was made and…
1Opinion of the Court
OPINION.
Murdoch:, Judge:
The petitioner contends that the unilateral determination of excessive profits in the amount of $400,000 was improper because prior thereto a bilateral agreement that its profits for that period were excessive only to the extent of $235,000 had been executed. The .evidence on this point indicates that the petitioner signed a proposed bilateral agreement in October 1943 that its profits for 1942 were excessive to the extent of $235,000; the document was then sent to the renegotiating authorities in Boston; the petitioner was notified not long thereafter that the…
2Cases cited4 opinions
- Yakus v. United StatesSupreme Court of the United States · 1944
- Lichter v. United StatesSupreme Court of the United States · 1948
- Stein Bros. Mfg. Co. v. Secretary of WarUnited States Tax Court · 1946
- Ring Constr. Corp. v. Secretary of WarUnited States Tax Court · 1947
3Cited by13 opinions
- Kenyon Instrument Co. v. CommissionerUnited States Tax Court · 1951
- W. Tip Davis Co. v. PattersonUnited States Tax Court · 1949
- Waltham Screw Co. v. Renegotiation BoardUnited States Tax Court · 1958
- Albert & J. M. Anderson Manufacturing Co. v. United StatesUnited States Court of Claims · 1956
- Stoner Manufacturing Corp. v. Secretary of WarUnited States Tax Court · 1953
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