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3080

RULES AND REGULATIONS

1949, the furniture, furnishings or equip United States. The act provides that m ent provided w ith any housing accommo any contractor or subcontractor ag dations are less than the m inim um required grieved by a unilateral determination of by 825.83, the landlord shall file, on or be excessive profits may petition the Tax fore July 3, 1949, a written report showing Court of the United States for. a redeter-
th e decrease in furniture, furnishings or mination of such excessive profits. Pro equipment. Except as modified by th is ceedings before the Tax Court are de paragraph c , the provisions of 825.85 b shall be applicable to all such cases.
novo. The Court may find an amount of d.
In the case of any action which, on excessive profits less than, equal to, or June 3, 1949, was required or authorized by greater than the amount found by the 825.81 to 825.92 to be taken w ithin a speci Policy and Review Board. The petition fied period of tim e, th e same tim e period for a redetermination must be made to shall be applicable, but such tim e period the Tax Court within ninety days after shall be counted from June 3, 1949.

422.248 Statement to contractor.
Subpart B of Part 425 of this subchapter deals with the preparation of the state ment to the contractor.
9. In 422.262-3, the cross reference to 422.201 b is corrected to read:
422.261 b.
10. In 422.266, the cross reference to 422.260-422.266 is corrected to read:
422.261 to 422.265.

P art 423D etermination of R enego
the unilateral order becomes final. The tiable B u sin e s s and C osts decision of the Tax Court is subject to This part is amended in the following review by the Circuit Court of Appeals or the United States Court of Appeals respects:
Section 423.304 is amended to read for the District of Columbia. See Sub as 1.follows:
part B of Part 426 of this subchapter.
423.304 Cost - plus - fixed - fee con 4. Paragraph 1 of 421.122 is tracts.
Amounts received or accrued, amended to read as follows:
, and costs paid or incurred, with respect 1
The term mandatory statement to cost-plus-fixed-fee contracts and sub means the contractors report discussed contracts must be segregated from such T ghe E. W oods , in 422.222 to 422.222-7 of this sub amounts relating to other types of con Housing Expediter.
chapter.
tracts and subcontracts, in order t h a .
consideration may be given in F. R. Doc. 49-4617; Filed, June 7, 1949;
5. Section 421.123 Organization is separate renegotiation of such cost-plus-fixed-fee 8:55 a. m.
amended to read as follows:
contracts.
421.123-1 Organization.
2. Section 423.340 b is corrected to TITLE 34 NATIONAL MILITARY
read as follows:
ESTABLISHMENT
b The Secretary, in his discretion, P art 422P rocedure for R enegotiation may exempt any other contract or sub Chapter IV Joint Regulations of the This part is amended and corrected contract both individually and by general Armed Forces in the following respects:
classes or types. Such exemptions, gen Subchapter DMilitary Renegotiation Regulations 1. In 422.206 b, the cross reference erally referred to as permissive exemp to 425.508 is corrected to read 425.- tions, are described in Subpart E of this Arndt. 1
part.
508-3.
M iscellaneous A mendm ents and 2. In 422.222-2 a, the cross refer 3. In 423.387-2, in the third sentence C orrections ence to 427.703 is corrected to read of the first paragraph the word prop Miscellaneous amendments and cor 427.702-1.
erty should read properly. The sen rections of the following parts of this 3. In 422.242, the cross reference to tence is therefore amended to read as S
subchapter: Part 421Authority and or 422.220 to 422.222 is corrected to read follows: The renegotiating agency shall ganization for renegotiation; Part 422 422.222 to 422.222-7.
also allocate to renegotiable business the Procedure for renegotiation; Part 4 2 3 4. In 422.245, the cross reference to properly allocable portion of expense in Determination of renegotiable business 426.624 is corrected to read 426.604 curred in Help Wanted advertising and the properly allocable portion of expense and costs; Part 424Determination and to 426.604-3.
5. In 422.246-2, paragraph d is incurred by the contractor or subcontrac elimination of excessive profits; Part tor in advertising in trade papers for the 427Military renegotiation forms.
amended to read as follows :
of offering support to such trade P art 421A uthority and O rganization d Afford the contractor a hearing purpose papers which valuable for the dis for R enegotiation before the Policy and Review Board, if semination ofaretechnical information This part is amended and corrected requested.
within the contractors or subcontractors in the following respects:
6L In 422.246-2, the following para industry.
1. In 421.108-1 Mandatory filing of graph is added at the end of this section :
4. In 423.388-1 c, the cross refer statement, the cross reference to 422.220
ence to 423.334-3 is corrected to read:
The review will be conducted t?y the is corrected to read: 422.222-1 to Board members other than the member 423.334-1.
422.222-7.
2. Section 421.109-2 b is amended to who made the determination being re viewed, and the determination of such P art 424D etermination and E lim ina
read as follows:
members shall be the determination of tion of E xcessive P rofits
b Orders. A determination of ex the Board.
cessive profits made by a Division by uni This part is amended and corrected in 7. Section 422.247 is amended to read lateral order may be reviewed by the the following respects:
as follows:
Policy and Review Board upon its own 1. In 424.422-3 b, cross references motion and will be reviewed by the Policy 422.247 Review not initiated. If are corrected as follows: Reference to and Review Board if the contractor so no review is initiated by the Policy and 425.502-5 h is corrected to read requests. Unless the Policy and Review Review Board of the agreement described 425.502-5 c; reference to 428.807
Board, upon its own motion, initiates a in 422.244-1 within the time specified is corrected to read 428.861.
review of a unilateral determination of in 422.246-2 or if it sooner notifies the 2. In 424.424, the cross reference to excessive profits within 60 days from the Division of its approval of such agree 426.626 is corrected to read: Subpart date of such determination or unless ment, the agreement shall be executed A of Part 426.
the contractor or subcontractor requests on behalf of the United States by the 3. In 424.441-2, the cross reference such review within 60 days from the date Chairman of the Division.
to 428.808-1 is corrected to read of such determination, such determina 8. In 422.248, the title has been 4.428.831.
tion becomes final.
In 424.443-1 c, corrections in changed by the deletion of the words cross references in this paragraph make 3. Section 421.110 is amended to read and administration of agreements and as follows:
by the deletion of the last sentence in it read as follows:
c For the tax effeet of renegotiation 421.110 Redetermination of exces the section. This section is therefore for periods for which Federal income sive profits by the Tax Court of the amended to read as follows:

Sec. 204 d, 61 Stat. 197, as amended, 62 Stat. 37, 94, Pub. Law 31, 81st Cong.;
50 U. S. C. App. 1894 d. Applies sec. 204
i. 61 Stat. 197, as amended, 62 Stat 37, 94, Pub. Law 31, 81st Cong.; 50 U. S. C.
App. 1894 i
This amendment shall become ef fective June 3,1949.
Issued this 3d day of June 1949.