Case law

Sunrise Detox V, LLC v. City of White Plains

769 F.3d 118 · Court of Appeals for the Second Circuit · Oct 2, 2014

Sunrise did not seek relief from the Board of Appeals. … See Oxford House, Inc. v.

10 Fair empl.prac.cas. 1481, 10 Empl. Prac. Dec. P 10,401 Firebird Society v. Members of Board of Fire Commissioners, City of New Haven

515 F.2d 504 · Court of Appeals for the Second Circuit · Apr 15, 1975

P 10,401 Firebird Society v. Members of Board of Fire Commissioners, City of New Haven 75-7115 UNITED STATES COURT OF APPEALS Second Circuit 4/15/75 D.Conn., 66 F.R.D. 457 AFFIRMED

United States v. Feliz

5 F. App'x 87 · Court of Appeals for the Second Circuit · Mar 16, 2001

See United States v. Andrades, 169 F.3d 131, 133 (2d Cir.1999). … United States v. Maher, 108 F.3d 1513, 1520-21 (2d Cir.1997) (internal quotation marks and citation omitted).

Sick v. City of Buffalo

574 F.2d 689 · Court of Appeals for the Second Circuit · Apr 5, 1978

See United States v. Reeds, 552 F.2d 170, 171 (7th Cir. 1977) (per curiam); McCall v. Cudd, 544 F.2d 934 (8th Cir. 1976); Swanson & Youngdale, Inc. v. Seagrave Corp. 542 F.2d 1008 (8th Cir. 1976); Reciprocal Exchange v. … Mathews v.

United States v. Lebedev

932 F.3d 40 · Court of Appeals for the Second Circuit · Jul 26, 2019

United States v. … Loughrin v.

United States v. EZ Lynk

Court of Appeals for the Second Circuit · Aug 20, 2025

Vavra v. Kellogg Brown & Root, Inc., 848 F.3d 366, 374 (5th Cir. 2017). But that case does not support their position. … Vavra v. Kellogg Brown & Root, Inc., 727 F.3d 343, 350, 353 & n.14 (5th Cir. 2013).

Commissioner of Internal Revenue v. Behan

90 F.2d 609 · Court of Appeals for the Second Circuit · Jun 14, 1937

Helvering v. Rankin, 295 U.S. 123 , 55 S.Ct. 732 , 79 L.Ed. 1343 ; Andrews v. Commissioner of Internal Revenue, 38 F.(2d) 55 (C.C.A.2); Phillips v. … As examples, see Commissioner v. Dyer, 74 F.(2d) 685 (C.C.A.2); Atkins v. Commissioner (C.C.A.) 76 F.(2d) 387 ; Esperson v. Commissioner (C.C.A.) 49 F.(2d) 259 ; Slayton v.

United States Securities and Exchange Commission v. Alpine Securities

982 F.3d 68 · Court of Appeals for the Second Circuit · Dec 4, 2020

Brown & Williamson Tobacco Corp. 43 and Nutritional Health All. v. Food & Drug Admin, 44 are unavailing. … V.

Sabatini v. Commissioner of Internal Revenue

98 F.2d 753 · Court of Appeals for the Second Circuit · Aug 4, 1938

As the contract was made in England, the Board treated it as a sale of property there and held the income derived from the sale not taxable. See Compania General v. … Edmonds v. Commissioner, 9 Cir., 90 F.2d 14, 18 .

Weil v. Commissioner of Internal Revenue

91 F.2d 944 · Court of Appeals for the Second Circuit · Jul 26, 1937

Tierney v. Dowd & Co., 238 N.Y. 282 , 144 N.E. 583 ; Emerson v. Berman, 57 F.(2d) 637 (C.C.A.2). The Board made no finding that the taxpayer corporation had defaulted on any of its notes or written obligations. … Van Slyck v. Warner, 118 App.Div. 40 , 103 N.Y.S. 1 , affirmed 192 N.Y. 547 , 84 N.E. 724 ; Drewen v. Union Discount Co., 32 F.(2d) 691 (C.C.A.2).

United States v. Whitley

540 F.3d 87 · Court of Appeals for the Second Circuit · Aug 26, 2008

In United States v. … Brown, 333 U.S. at 19 , 68 S.Ct. 376 .

Barr v. United Parcel Service, Inc.

868 F.2d 36 · Court of Appeals for the Second Circuit · Feb 10, 1989

Henley told Brown what little he knew about the incident, and Brown agreed to investigate the complaint and speak to Barr that day. … N.L.R.B. v. Local 282, International Brotherhood of Teamsters, 740 F.2d 141, 147 (2d Cir.1984) (quoting Robesky v. Qantas Empire Airways, Ltd., 573 F.2d 1082, 1089-90 (9th Cir.1978)).

Cash v. County of Erie

654 F.3d 324 · Court of Appeals for the Second Circuit · Aug 18, 2011

Roe v. City of Waterbury, 542 F.3d at 37 (quoting Board of Cnty. Comm’rs v. Brown, 520 U.S. 397, 404 , 117 S.Ct. 1382 , 137 L.Ed.2d 626 (1997)). … Giuliani, 506 F.3d 183, 192 (2d Cir.2007); see also Board of Cnty. Comm’rs v.

L. Loewy & Son v. Commissioner of Internal Revenue

31 F.2d 652 · Court of Appeals for the Second Circuit · Apr 1, 1929

The Supreme Court said, in its opinion in Botany Worsted Mills v. … We held in Loewer Realty Co. v.

United States v. Russell R. George, AKA Rusty, and Pamela A. Johnson-Sherman, Francis R. Lajoice

975 F.2d 72 · Court of Appeals for the Second Circuit · Sep 17, 1992

Brown, 460 U.S. 730, 742-43 , 103 S.Ct. 1535, 1543 , 75 L.Ed.2d 502 (1983) (plurality); Warden v. … See Coolidge, 403 U.S. at 466 , 91 S.Ct. at 2038 ; Leon, 468 U.S. at 918 n. 19, 104 S.Ct. at 3418 n. 19; Brown, 460 U.S. at 748-49 , 103 S.Ct. at 1546-47 . See also, e.g., United States v.

United States v. Hussey

254 F.3d 428 · Court of Appeals for the Second Circuit · Jun 21, 2001

Brown Marketing Corp. (“Brown”). The brokers at Brown, including Alexander, received secret commissions for their sale of EMC stock. … Hussey, who joined Brown in August or September 1997, also received commissions for his sales.

Chun Guang Dong v. Gonzales

238 F. App'x 716 · Court of Appeals for the Second Circuit · Aug 24, 2007

See Ke Zhen Zhao v. U.S. … See Kaur v. BIA, 413 F.3d 232, 233 (2d Cir.2005) (per curiam).

Commissioner of Internal Revenue v. National Lead Company

230 F.2d 161 · Court of Appeals for the Second Circuit · Feb 14, 1956

Neither that court nor any other court could make the determination of necessity entrusted to the Board. Cf. Federal Power Comm. v. Idaho Power Co., 1952, 344 U.S. 17, 20-21 , 73 S.Ct. 85 , 97 L.Ed. 15 . … Under these circumstances the taxpayer has forfeited his right to challenge the Board’s action. Cf. Callanan Road Improvement Co. v. United States, 1953, 345 U.S. 507, 512-513 , 73 S.Ct. 803 , 97 L.Ed. 1206 .

Melissa Detsel, an Infant, by Her Mother and Next Friend Mary Jo Detsel v. Board of Education of the Auburn Enlarged City School District

820 F.2d 587 · Court of Appeals for the Second Circuit · Jun 12, 1987

McCurn, Judge, dismissing her complaint seeking to compel defendants Board of Education of the Auburn Enlarged City School District, et al., to provide her with nursing services pursuant to the Education of All Handicapped … We are unpersuaded by plaintiffs’ argument that the district court gave insufficient deference to the decision in Department of Education v.

Produce Exchange Stock Clearing Ass'n v. Helvering

71 F.2d 142 · Court of Appeals for the Second Circuit · Jun 4, 1934

This is the distinction which the Board of Tax Appeals and the courts have taken in applying the provision in question to somewhat analogous situations. Uniform Printing & Supply Co. v. Commissioner, 33 F. (2d) 445 (C. … A. 362; Louisville Credit Men’s Adjustment Bureau v. United States, 6 F. Supp. 196 (D. C. W. D. Ky.); A-1 Cleaners & Dyers Co. v. Commissioner, 14 B. T. A. 1314; Growers Cold storage Co. v. Commissioner, 17 B. T.