Legal Opinion

Eastern Machinery Co. v. Under Secretary of War

United States Tax Court

Decided January 27, 1949No. Docket No. 63-RPublished

1. The action of the Bureau of Internal Revenue in determining the reasonableness of salaries for petitioner's officers is not binding in a renegotiation case. 2. The petitioner's excessive profits are here redetermined in the amount originally determined by the respondent, the petitioner having failed to sustain its burden to show that they were less in amount and the respondent having failed to sustain his burden to show that they were greater in amount.

1Opinion of the Court

The Eastern Machinery Company, Petitioner, v. Under Secretary of War, Respondent

Eastern Machinery Co. v. Under Secretary of War

Docket No. 63-R

United States Tax Court

12 T.C. 71; 1949 U.S. Tax Ct. LEXIS 292;

January 27, 1949, Promulgated

1. The action of the Bureau of Internal Revenue in determining the reasonableness of salaries for petitioner's officers is not binding in a renegotiation case.

2. The petitioner's excessive profits are here redetermined in the amount originally determined by the respondent, the petitioner having failed to sustain its burden to show that they were less in amount…

2Cases cited3 opinions

  1. Lichter v. United StatesSupreme Court of the United States · 1948
  2. Nat'l Elec. Welding Machs. Co. v. StimsonUnited States Tax Court · 1948
  3. Eastern Machinery Co. v. Under Secretary of WarUnited States Tax Court · 1949

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