Maguire Indus. v. Secretary of War
United States Tax Court
Order of Secretary of War purporting to determine petitioner's excessive war profits, not with respect to any contract or fiscal period, but pursuant to, and additional to those incorporated in, a prior bilateral agreement, held insufficient to confer jurisdiction on the Tax Court.
1Opinion of the Court
OPINION.
OppeR, Judge:
Both parties insist that the Tax Court has jurisdiction of this proceeding to redetermine petitioner’s excessive profits. But the subject is not one upon which the agreement of the litigants can be binding, and the question must be examined on our own initiative even though passed over by the parties, Martha M. Hanify, 21 B. T. A. 379, or answered by them in the affirmative. Mohawk Glove Corporation, 2 B. T. A. 1247; D. L. Blackstone, 12 B. T. A. 456.
The situation is unusual. While the original Renegotiation Act of April 28,1942, was in effect, the parties entered into an…
2Cases cited2 opinions
- Commissioner v. Gooch Milling & Elevator Co.Supreme Court of the United States · 1944
- Psaty & Fuhrman, Inc. v. StimsonUnited States Tax Court · 1948
3Cited by13 opinions
- National Builders, Inc. v. Secretary of WarUnited States Tax Court · 1951
- Callahan v. War Contracts Price Adjustment BoardUnited States Tax Court · 1949
- Hanlon-Waters, Inc. v. United StatesUnited States Tax Court · 1953
- R. G. Le Tourneau, Inc. v. Administrator of General ServicesUnited States Tax Court · 1954
- Stow Mfg. Co. v. CommissionerUnited States Tax Court · 1950
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