Warner v. War Contracts Price Adjustment Board
United States Tax Court
1. The Warner family owned and operated two business enterprises that had renegotiable contracts. The father, son, and daughter owned the stock of a corporate enterprise in the amounts of 20, 40, and 40 per cent, respectively. The son and daughter owned a limited partnership enterprise equally. The son was an officer, director, and general manager of the corporation and the only partner authorized to act for the partnership.
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1. The Warner family owned and operated two business enterprises that had renegotiable contracts. The father, son, and daughter owned the stock of a corporate enterprise in the amounts of 20, 40, and 40 per cent, respectively. The son and daughter owned a limited partnership enterprise equally. The son was an officer, director, and general manager of the corporation and the only partner authorized to act for the partnership. He managed and operated both businesses as though they were one production unit. For the fiscal 10-month period ended December 31, 1944, the renegotiable business of the…
1Opinion of the Court
OPINION.
Arnold, Judge:
Petitioner 2 challenges not only our jurisdiction to redetermine the excessive profits, if any, but also the respondent’s right to determine excessive profits in the first instance. It contends that section 403 (c) (6), Renegotiation Act of 1943, fixes the jurisdictional amount at a minimum of $500,000, and that its renegotiable sales and all other income for the fiscal period ended December 31, 1944, was less than $250,000. Respondent concedes that unless “common control” existed between the partnership and the corporation, as provided by section 403 (c) (6),…
2Cases cited3 opinions
- Rochester Telephone Corp. v. United StatesSupreme Court of the United States · 1939
- Moening v. War Contracts Price Adjustment BoardUnited States Tax Court · 1950
- Southland Steel Co. v. War Contracts Price Adjustment BoardUnited States Tax Court · 1949
3Cited by13 opinions
- Hoffman v. United StatesUnited States Tax Court · 1954
- Finnie Co. v. United StatesUnited States Tax Court · 1959
- Fine Arts Bag Co. v. United StatesUnited States Customs Court · 1966
- North American Aviation, Inc. v. Renegotiation BoardUnited States Tax Court · 1962
- Warner v. War Contracts Price Adjustment BoardCourt of Appeals for the Ninth Circuit · 1951
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