Legal Opinion

Greenland Contractors v. Renegotiation Board

United States Tax Court

Decided February 9, 1970No. Docket No. 1048-RPublishedCited by 2 opinions

Held: 1. A contract between a joint venture represented by petitioner and the Army Corps of Engineers, awarded as a result of procedures which met all the requirements and standards of formal advertising as set out in sec. 3 of the Armed Forces Act of 1947, is exempt from renegotiation under sec. 106(a)(9) of the Renegotiation Act of 1951, despite certain circumstances such as a statement appearing in the introductory paragraph of the contract which recites that the contract…

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Held: 1. A contract between a joint venture represented by petitioner and the Army Corps of Engineers, awarded as a result of procedures which met all the requirements and standards of formal advertising as set out in sec. 3 of the Armed Forces Act of 1947, is exempt from renegotiation under sec. 106(a)(9) of the Renegotiation Act of 1951, despite certain circumstances such as a statement appearing in the introductory paragraph of the contract which recites that the contract was "negotiated" and the fact that the procedures authorized by the Army Corps of Engineers permitted the district…

1Opinion of the Court

OPINION

Kern, Judge:

Respondent has determined by an order dated May 19, 1966, that petitioner, a consolidated group of four joint ventures, realized excessive profits in the amount of $7,500,000 ($7,443,907 after adjustment on account of income taxes other than Federal income taxes) from contracts and subcontracts allegedly subject to the Renegotiation Act of 1951 for the fiscal year ended December 31,1961.

Before this case was called for trial, the parties jointly moved this Court for an order which was granted setting this proceeding for a trial limited to the following tósues:

1. Whether…

2Cases cited17 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Crane v. CommissionerSupreme Court of the United States · 1947
  3. Unemployment Compensation Comm'n of Alaska v. AragonSupreme Court of the United States · 1946
  4. Corn Products Refining Co. v. CommissionerSupreme Court of the United States · 1956
  5. Lichter v. United StatesSupreme Court of the United States · 1948

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3Cited by2 opinions

  1. AMCO Electric v. United StatesUnited States Court of Claims · 1974
  2. Greenland Contractors v. Renegotiation BoardUnited States Tax Court · 1970

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