Psaty & Fuhrman, Inc. v. Stimson
United States Tax Court
1. Held, that the Tax Court has jurisdiction under the Renegotiation Act of 1943 to consider petition filed with it to redetermine the determination by the Secretary of excessive profits on a completed contract basis under the Renegotiation Act of 1942, notwithstanding the time of contract performance covered not only the fiscal year ended before July 1, 1943, but also a part of the fiscal year ended after June 30, 1943. 2. The Secretary of War, under authority of the…
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1. Held, that the Tax Court has jurisdiction under the Renegotiation Act of 1943 to consider petition filed with it to redetermine the determination by the Secretary of excessive profits on a completed contract basis under the Renegotiation Act of 1942, notwithstanding the time of contract performance covered not only the fiscal year ended before July 1, 1943, but also a part of the fiscal year ended after June 30, 1943. 2. The Secretary of War, under authority of the Renegotiation Act of 1942, entered a unilateral order finally determining the amount of petitioner's excessive profits on a…
1Opinion of the Court
OPINION.
Hill, Judge:
We are first confronted with the question (not raised by the pleadings) of whether or not this Court,has jurisdiction to redetermine the amount of petitioner’s excessive profits. Although neither party in this proceeding has questioned our jurisdiction, it is fundamental that a court must consider such question if it is suggested by the facts and applicable law. See 21 C. J. S. § 114, and cases cited.
The jurisdiction of this Court in renegotiation proceedings is conferred and limited as provided by section 403 (e) (1) and (2) of the Renegotiation Act of 1943. Subsection…
2Cases cited3 opinions
- Stein Bros. Mfg. Co. v. Secretary of WarUnited States Tax Court · 1946
- J. H. Sessions & Son v. Secretary of WarUnited States Tax Court · 1946
- Spray Cotton Mills v. Secretary of WarUnited States Tax Court · 1947
3Cited by16 opinions
- Newsom v. CommissionerUnited States Tax Court · 1954
- Mason & Hanger-Silas Mason Co. v. United StatesUnited States Court of Claims · 1975
- Rosner v. War Contracts Price Adjustment BoardUnited States Tax Court · 1951
- Maguire Indus. v. Secretary of WarUnited States Tax Court · 1949
- Bass v. StimsonUnited States Tax Court · 1953
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