H. A. Jackson, an Individual Formerly Doing Business as Jackson Products v. United States

We are here asked to determine whether in an action by the United States to recover excessive profits conceded to be due under the Renegotiation Act, 1 the defendant-appellant can litigate the correctness of the amount of tax credit allowed against such excessive profits. We are of the opinion that the defendant-appellant cannot do so and adopt the reasoning of the Court in United States v. Failla, D.C.N.J., 120 F.Supp. 797 and United States v. Failla, 3 Cir., 219 F.2d 212. The remedy available to defendant-appellant is to pay the amount of the admitted excessive profits, less the allowed tax…