Commissioner v. Aluminum Co. of America

JONES, Circuit Judge.

This is a petition by the Commissioner of Internal Revenue for a review of decisions of the Board of Tax Appeals (47 B.T.A. 543). The question involved is whether the Act of March 27, 1934, c. 95, 48 Stat. 503, 34 U.S.C.A. § 496,1 commonly known as the “Vinson Act”, is applicable to profits made by the respondent on sales of materials under the circumstances disclosed by the record in this case.

Sec. 3 of the Vinson Act provides in part here material—

“ * * * That no contract shall be made by the Secretary of the Navy for the construction and/or manufacture of any complete…