Larrabee v. Stimson
United States Tax Court
1. Renegotiation -- Unilateral Determination -- Statutory Authority. -- The Renegotiation Act authorized the Secretary of War, in the absence of a mutual agreement, to issue a unilateral order determining the amount of excessive profits realized by a contractor or subcontractor in 1942. 2. Renegotiation -- Repairs -- Machinery Used in Performance of War Contracts. -- Amounts received by the petitioner for repairs made on machinery used by his customers in performing war…
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1. Renegotiation -- Unilateral Determination -- Statutory Authority. -- The Renegotiation Act authorized the Secretary of War, in the absence of a mutual agreement, to issue a unilateral order determining the amount of excessive profits realized by a contractor or subcontractor in 1942. 2. Renegotiation -- Repairs -- Machinery Used in Performance of War Contracts. -- Amounts received by the petitioner for repairs made on machinery used by his customers in performing war contracts are subject to renegotiation. 3. Renegotiation -- Excessive Profits -- Amount. -- The amount of excessive profits…
1Opinion of the Court
OPINION.
Murdock, Judge:
The petitioner claims that the Sixth Supplemental National Defense Appropriations Act of April 28, 1942, as amended by the Revenue Act of 1942, hereafter called the Renegotiation Act, conferred no authority on the Secretary of War to make a unilateral determination that the petitioner realized excessive profits for 1942. His argument is that excessive profits for 1942 could be recaptured only by the mutual agreement of the contractor or subcontractor and the War Department. He points out that the opinions of the legislators and others at the time the bill was being…
2Cases cited10 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Lichter v. United StatesSupreme Court of the United States · 1948
- L. P. Steuart & Bro., Inc. v. BowlesSupreme Court of the United States · 1944
- Ring Constr. Corp. v. Secretary of WarUnited States Tax Court · 1947
- Joe Balestrieri & Co. v. Commissioner of Internal Rev.Court of Appeals for the Ninth Circuit · 1949
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pechtel v. United StatesUnited States Tax Court · 1952
- LTV Aerospace Corp. v. Renegotiation BoardUnited States Tax Court · 1968
- LTV Aerospace Corp. v. Renegotiation BoardUnited States Tax Court · 1968
- Larrabee v. StimsonUnited States Tax Court · 1951
- Pechtel v. United StatesUnited States Tax Court · 1952
1 more not listed; retrieve them via the Exa API.