Legal Opinion

Bibb Mfg. Co. v. Secretary of War

United States Tax Court

Decided April 29, 1949No. Docket No. 87-RPublishedCited by 1 opinion

1. Renegotiation -- Constitutionality. -- The Renegotiation Act is constitutional as applied to the petitioner for the fiscal year 1942. 2. Renegotiation -- Jurisdiction. -- The Court has jurisdiction to consider sales subject to renegotiation in an amount greater than that determined by the Secretary, for purposes of redetermining the amount of excessive profits derived therefrom by a subcontractor. 3. Renegotiation -- Final Payment -- Section 403 (c) (6). -- The entire…

Read the full summary

1. Renegotiation -- Constitutionality. -- The Renegotiation Act is constitutional as applied to the petitioner for the fiscal year 1942. 2. Renegotiation -- Jurisdiction. -- The Court has jurisdiction to consider sales subject to renegotiation in an amount greater than that determined by the Secretary, for purposes of redetermining the amount of excessive profits derived therefrom by a subcontractor. 3. Renegotiation -- Final Payment -- Section 403 (c) (6). -- The entire sales under subcontracts on which deliveries were made and payments therefor were received by a subcontractor both prior to…

1Opinion of the Court

OPINION.

Muedock, Judge:

This is the first case in which a Commissioner of this Court conducted the hearing and made findings of fact. That procedure was adopted upon motion of the petitioner, to which the respondent said he had no objection. His findings were served upon the parties and they were given an opportunity to object. The petitioner had no substantial objections to the findings, but counsel for the respondent filed a number of objections, all of which have been carefully considered. The findings set forth above, except for the ultimate finding of the amount of excessive profits and a…

2Cases cited4 opinions

  1. Lichter v. United StatesSupreme Court of the United States · 1948
  2. Stein Bros. Mfg. Co. v. Secretary of WarUnited States Tax Court · 1946
  3. Albert & J. M. Anderson Mfg. Co. v. Secretary of WarUnited States Tax Court · 1949
  4. W. Tip Davis Co. v. PattersonUnited States Tax Court · 1949

3Cited by1 opinion

  1. Bibb Mfg. Co. v. Secretary of WarUnited States Tax Court · 1949

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API