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EASTERN MACHINERY COMPANY v. UNDER SECRETARY OF WAR

Docket No. 63-R.

12 T.C. 71 (1949)

THE EASTERN MACHINERY COMPANY, PETITIONER, v. UNDER SECRETARY OF WAR, RESPONDENT.

United States Tax Court.

Promulgated January 27, 1949.

Attorney(s) appearing for the Case

Elden McFarland, Esq., C. Chester Guy, Esq., and Harold W. Walker, Esq., for the petitioner.

William V. Crosswhite, Esq., and John F. Wolf, Esq., for the respondent.

The respondent determined that petitioner's profits from renegotiable sales for the fiscal year ended September 30, 1942, were excessive in the amount of $143,000. Petitioner, in the petition, raised several constitutional questions and challenged the applicability of the Renegotiation Act to sales to Defense Plant Corporation during the year involved. In view of the intervening decisions of the Supreme Court in Lichter v. United States, 334 U...

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