Beeley v. War Contracts Price Adjustment Board
United States Tax Court
1. Renegotiation Act amendment of July 1, 1943, expressly including contracts with Defense Plant Corporation, held, to have retroactive force to date of original act rendering renegotiable petitioners' contracts with Defense Corporation paid for after date of original act but prior to amendment; held, further, that such retroactive provisions do not render the amendments unconstitutional.
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1. Renegotiation Act amendment of July 1, 1943, expressly including contracts with Defense Plant Corporation, held, to have retroactive force to date of original act rendering renegotiable petitioners' contracts with Defense Corporation paid for after date of original act but prior to amendment; held, further, that such retroactive provisions do not render the amendments unconstitutional. National Electric Welding Machines Co., 10 T.C. 49, followed. 2. All of petitioners' profits from renegotiable sales during the period here in question are renegotiable and it is held that the War Contracts…
1Opinion of the Court
OFINION.
Black, Judge:(1) Petitioners’ first contention is that the entire Renegotiation Act of 1943, as amended by the Revenue Act of 1943, is unconstitutional. This proceeding was heard and petitioners’ brief was filed prior to the Supreme Court’s decision in Lichter v. United States, 334 U. S. 742. The Supreme Court sustained the constitutionality of the Renegotiation Act in the Lichter case. It, therefore, follows that petitioners’ attack on the general constitutionality of the Renegotiation Act is without merit, and it is overruled.(2) Petitioners’ next contention is that the…
2Cases cited3 opinions
- Lichter v. United StatesSupreme Court of the United States · 1948
- Stein Bros. Mfg. Co. v. Secretary of WarUnited States Tax Court · 1946
- Nat'l Elec. Welding Machs. Co. v. StimsonUnited States Tax Court · 1948
3Cited by3 opinions
- Gamlen Chemical Co. v. United StatesUnited States Tax Court · 1957
- Beeley v. War Contracts Price Adjustment BoardUnited States Tax Court · 1949
- Gamlen Chemical Co. v. United StatesUnited States Tax Court · 1957