Legal Opinion

Stow Mfg. Co. v. Commissioner

United States Tax Court

Decided June 30, 1950No. Docket No. 19923PublishedCited by 1 opinion

On June 1, 1943, petitioner entered into a final renegotiation agreement with the Secretary of the Navy in which it was agreed that its excessive profits were $ 350,000 and should be paid, $ 70,000 in cash and $ 280,000 by an excess profits tax credit under section 3806 (b) (1), I. R. C. This $ 280,000 excess profits tax credit was erroneous and should have been $ 252,000. Notwithstanding the error the renegotiation agreement, by its very terms, could not be reopened.

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On June 1, 1943, petitioner entered into a final renegotiation agreement with the Secretary of the Navy in which it was agreed that its excessive profits were $ 350,000 and should be paid, $ 70,000 in cash and $ 280,000 by an excess profits tax credit under section 3806 (b) (1), I. R. C. This $ 280,000 excess profits tax credit was erroneous and should have been $ 252,000. Notwithstanding the error the renegotiation agreement, by its very terms, could not be reopened. On May 20, 1948, respondent determined a deficiency in petitioner's excess profits tax by eliminating from petitioner's gross…

1Opinion of the Court

OPINION.

Black, Judge:

There is but one issue in this proceeding: Whether an erroneous and excessive tax credit given petitioner under section 3806 (b) of the Internal Revenue Code and which credit was incorporated in a final renegotiation agreement can be made the basis of the determination of a deficiency in petitioner’s excess profits tax in the manner which has been detailed in our findings of fact.

Respondent determined a deficiency in excess profits tax by eliminating from petitioner’s gross income $350,000 which represented excessive profits determined in a final renegotiation agreement.…

2Cases cited2 opinions

  1. Baltimore Foundry & Machine Corp. v. CommissionerUnited States Tax Court · 1946
  2. Maguire Indus. v. Secretary of WarUnited States Tax Court · 1949

3Cited by1 opinion

  1. Stow Mfg. Co. v. CommissionerUnited States Tax Court · 1950

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