National Builders, Inc. v. Secretary of War
United States Tax Court
The petitioners, members of a joint venture, were awarded by the United States Government, a negotiated contract to construct part of Camp McCoy, Sparta, Wisconsin, on April 16, 1942, under which construction was completed in October 1942, except that some repairs were made in 1943. The joint venture kept its books and made its tax returns on a cash basis for a fiscal year ending on March 31. The total contract price was $ 4,554,733.17. The Government paid $ 400,142.95 on…
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The petitioners, members of a joint venture, were awarded by the United States Government, a negotiated contract to construct part of Camp McCoy, Sparta, Wisconsin, on April 16, 1942, under which construction was completed in October 1942, except that some repairs were made in 1943. The joint venture kept its books and made its tax returns on a cash basis for a fiscal year ending on March 31. The total contract price was $ 4,554,733.17. The Government paid $ 400,142.95 on the contract in June 1942 and further payments aggregating $ 3,791,954.84 by October 19, 1942. The balance, $ 362,778.73,…
1DissentAutjndell, J.
I think this Court has erred in declining to accept jurisdiction in this case. Section 403 (e) (2) of the applicable statute, which is quoted in the majority report, permits a contractor to petition this Court where he is “aggrieved by a determination of the Secretary made on or after the date of the enactment of the Revenue Act of 1943, with respect to any such fiscal year,” i. e., the fiscal year ending before July 1, 1943, as to the existence of excessive profits. The substance of the majority holding is that the Secretary did not make a determination with respect to a fiscal year but made…
2Cases cited2 opinions
- The People v. . ClarkeNew York Court of Appeals · 1853
- Maguire Industries, Inc. v. Secretary of WarCourt of Appeals for the D.C. Circuit · 1950