Case law

St. Louis-San Francisco Railway Co. v. United States

470 F.2d 523 · United States Court of Claims · Dec 12, 1972

'Since it is undisputed that the taxpayer’s EE&B property is of the “character subject to the allowance for depreciation under section 167,” the basis of such property is qualified for reduction under section 1017. … After a careful reading of the Senate Keport, we cannot agree with defendant’s contention that Congress clearly intended that the proposed regulation would apply only to ratably depreciable property.

Facilities Systems Engineering Corp. v. United States

38 Cont. Cas. Fed. 76,315 · United States Court of Claims · Apr 24, 1992

Plaintiff cannot rely on the mere fact of mailing the June 20, 1990, letter to establish that it was received by the CO. … If, then, the June 20,1990, letter was not a claim, the issue arises whether any other *768 letter in the record qualifies as a claim under the CDA. See Dawco, 930 F.2d at 878 .

John Wanamaker Philadlephia, Inc. v. United States

359 F.2d 437 · United States Court of Claims · Apr 15, 1966

This is established by the preponderance of plaintiff’s evidence — even though plaintiff did not choose to argue its case this way. … For tax accounting purposes, this was clearly illegal under the regulations.

Bander v. United States

161 Ct. Cl. 475 · United States Court of Claims · Apr 5, 1963

effective February 25, 1956, to that of a Begular Carrier, subject only to completion of satisfactory probational period; and on March 12, 1956, was notified of his removal, effective March 23,1956, because of his failure “to qualify … established by judicial decisions rendered prior to the disposition of the plaintiff’s earlier case on January 15,1958.

Logicon, Inc. v. United States

37 Cont. Cas. Fed. 76,066 · United States Court of Claims · Mar 25, 1991

In the “Source Selection Plan” utilized by NUSC’s evaluators, 11 A.l. of Part Five set the following guideline: “DEFICIENCY: An aspect of a proposal which fails to meet Government established minimum requirements as established … “A” — acceptable—no deficiencies; offeror fully qualified to perform (70-89 points) 3.

Bell v. United States

23 Cl. Ct. 73 · United States Court of Claims · May 8, 1991

On the merits, plaintiffs assert that under controlling legislation and case law, their resignations qualify as involuntary separations for purposes of entitlement to severance pay. … Although phrased as a jurisdictional decision, Sammt really establishes a rule of law that the exercise of an option to retire from the military is not rendered involuntary by the accurate knowledge of eminent imposition

City of Wheeling v. United States

20 Cl. Ct. 659 · United States Court of Claims · Jun 11, 1990

Bowen established that the District Court has jurisdiction to review an agency decision disallowing a federal grant. It did not address the question of whether the District Court’s jurisdiction was exclusive. … A fixed price contract is generally used only when the scope and extent of work to be performed is clearly defined. In most other cases, a cost reimbursement type of contract is more appropriate____” .

Eli Lilly & Co. v. United States

372 F.2d 990 · United States Court of Claims · Feb 17, 1967

in tax avoidance and does not clearly reflect the incomes of the related organizations. … There is no doubt that the record here clearly establishes the existence of sound and well-considered business reasons for the pricing policies adopted.

Feld v. United States

185 Ct. Cl. 754 · United States Court of Claims · Nov 15, 1968

As is clearly established by the testimony of Mr. … It is also clearly established that the other three documents (defendant’s exhibits 12,14, and 15, all typewritten in 1965) were prepared on the same typewriter, but a different typewriter from that mentioned in the first

Evensen v. United States

654 F.2d 68 · United States Court of Claims · Jul 1, 1981

If the current policy had been in effect and followed in November 1977, it would clearly have prevented the procedures challenged in this action. … But in this case it clearly did not take that course, and properly so.

McDonald v. United States

507 F.2d 1271 · United States Court of Claims · Dec 18, 1974

This discretion to review the factual basis of a conviction is limited, however, by MCM, paragraph 86b (1) (c) to competent evidence established at trial as follows: b. … XXVII) established beyond a reasonable doubt each element found guilty (ch.

Alaska American Lumber Co. v. United States

37 Cont. Cas. Fed. 76,286 · United States Court of Claims · Mar 16, 1992

When Purchaser requests Contract Term Adjustment under B8.21, completion dates shall be adjusted by number of days which qualify for such adjustment, provided such qualifying days occur before Specified Road construction … completion date established above.

Boeing Co. v. United States

37 Cont. Cas. Fed. 76,276 · United States Court of Claims · Mar 10, 1992

The TCO’s letter of January 25, 1991 is clearly not a final decision satisfying the CDA jurisdictional requirements for a Government claim. … Plaintiff’s submission of a DD250 requesting $1,853,-352.00 for three “vax” computers clearly qualifies as a contractor claim under the CDA.

Diebold, Inc. v. United States

16 Cl. Ct. 193 · United States Court of Claims · Jan 18, 1989

The plaintiff’s attempt to establish material factual disputes fails. … of the Secretary, does clearly reflect income. 26 U.S.C. § 446 (a) and (b).

McLean Hospital Corp. v. United States

18 Cl. Ct. 152 · United States Court of Claims · Sep 6, 1989

In order to qualify for a waiver of the 60-day limitation on the reimbursement of health care costs, the provider (plaintiff here) must satisfy two criteria. … Clearly then, there was no case here for dismissing the peer reviewer’s opinion out-of-hand.

Deluxe Check Printers, Inc. v. United States

15 Cl. Ct. 175 · United States Court of Claims · Jul 14, 1988

Plaintiff’s amended claim also contended that the self-assessment of penalty tax was erroneous because the purchase of stock from the Foundation qualified under the statutory exception to the self-dealing tax for redemptions … Here plaintiff had clearly asserted the right to the underlying tax; that assertion put the IRS on notice of the claim for interest.

Henderson v. United States

175 Ct. Cl. 690 · United States Court of Claims · May 13, 1966

These facts should be established by evidence of sufficient weight to be convincing. a. … The findings recorded will be the substance of the facts material to the issue as established by the evidence.

Kunz Construction Co. v. United States

35 Cont. Cas. Fed. 75,630 · United States Court of Claims · Mar 9, 1989

As noted above, defendant bears the burden of establishing the existence of such “special circumstances”; defendant has failed to meet that burden here. … Kunz’ application is clearly adequate to determine not only its entitlement to fees but the parameters of its recovery.

Continental Management, Inc. v. United States

527 F.2d 613 · United States Court of Claims · Dec 17, 1975

Clearly, he was a conscious wrongdoer. … Here, the plaintiffs engaged in wrongful conduct that clearly hurt the Government.

CACI Field Services, Inc. v. United States

34 Cont. Cas. Fed. 75,410 · United States Court of Claims · Nov 23, 1987

However, the RFP also stated that the CO could waive this experience requirement if the individual’s “accomplishments, experience, and abilities” qualify that person for the Center Manager position. … — is purely hypothetical and does not establish a decreased need for forklifts at Stockton.