ALBERT & J. M. ANDERSON MFG. CO. v. SECRETARY OF WAR

Docket No. 105-R.

12 T.C. 132 (1949)

ALBERT & J. M. ANDERSON MANUFACTURING COMPANY, PETITIONER, v. SECRETARY OF WAR, RESPONDENT.

United States Tax Court.

Promulgated January 31, 1949.


Attorney(s) appearing for the Case

Allen H. Gardner, Esq., and David Fegan, Esq., for the petitioner.

Harland F. Leathers, Esq., and Frederick N. Curley, Esq., for the respondent.


The Secretary of War determined that $400,000 of the profits realized by the petitioner during the calendar year 1942 on contracts subject to renegotiation were excessive.

The issues are (1) whether the Renegotiation Act is constitutional as applied to the petitioner for 1942; (2) whether the unilateral determination upon which this proceeding is based is invalid by reason of the existence of a prior binding bilateral agreement between the parties; (3) whether contract...

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