MARIE AND ALEX MANOOGIAN FUND v. UNITED STATES

Nos. 12088, 12089.

212 F.2d 369 (1954)

MARIE AND ALEX MANOOGIAN FUND v. UNITED STATES (two cases).

United States Court of Appeals, Sixth Circuit.

April 28, 1954.


Attorney(s) appearing for the Case

George L. Cassidy, Detroit, Mich. (William C. Loud, Detroit, Mich., on the brief), for appellant.

Frederick N. Curley, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Melvin Richter, Washington, D. C., Fred W. Kaess, John L. Owen, Detroit, Mich., on the brief), for appellee.

Before McALLISTER, Circuit Judge, and GOURLEY and STARR, District Judges.


GOURLEY, District Judge.

In this renegotiation proceeding the appeals raise the validity of summary judgments entered by the District Court for excess profits. The question in each appeal is the same.

To resolve the issue, it must be known whether the Commissioner of Internal Revenue or the Tax Court is the administrative agency to determine whether the appellant is a charitable organization, absolved from renegotiation for excess profits.

The Renegotiation...

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