Case law

Mark Smith Construction Co. v. United States

33 Cont. Cas. Fed. 74,510 · United States Court of Claims · Jul 31, 1986

This is especially true where, as here, we are concerned with waivers of sovereign immunity which must be strictly construed. Soriano v. … Conclusion Defendant’s motion for summary judgment treated by the court as a motion to dismiss, to the extent qualified and discussed herein, is granted.

Edward E. Gillen Co. v. United States

88 Ct. Cl. 347 · United States Court of Claims · Mar 6, 1939

Its bid for the contract having been accepted and bond filed, and having qualified under the terms of the advertisement prior to November 29,1932, plaintiff proceeded to execute the contract at the time being requested by … We think the construction adopted by the District Engineer of specification 18 is definitely erroneous, and the mistaken application he made of the same is clearly demonstrable.

Nyabwa v. United States

130 Fed. Cl. 179 · United States Court of Federal Claims · Jan 6, 2017

According to defendant, plaintiff's deportation proceedings do not qualify as a conviction of a crime committed against the United States for which money damages are available under 28 U.S.C. § 2513. … Cl. 812, 813 (2015) ("To establish jurisdiction, however, a plaintiff seeking compensation under Section 1495 must also meet the requirements of 28 U.S.C. § 2513(a)(1).").

Unemployment Compensation Tax on Banks

29 Pa. D. & C. 694 · Pennsylvania Department of Justice · Jul 7, 1937

This section provides: “A bank or a bank and trust company may purchase and hold, for the purpose of becoming a member of a Federal Reserve Bank, so much of the capital of such Federal Reserve Bank as will qualify it for … Hence, even in the absence of judicial authority, the power to exact these contributions would clearly exist by virtue of the terms of section 1019, authorizing these banks to become members of the Federal Reserve System.

Clements Paper Co. v. United States

29 Cust. Ct. 218 · United States Customs Court · Oct 23, 1952

Each of these was well qualified in his field, having had many years of experience in the handling of either printing or wrapping paper, or both. Witness Charles H. … Clearly, it may be assumed that had an analysis in fact been made, its results would have tended to support the position taken by the plaintiff to the effect that the merchandise at bar lacked sufficient strength and possessed

LEYVA

16 I. & N. Dec. 118 · Board of Immigration Appeals · Jul 1, 1977

Once birth in a foreign country is established, there is a presumption of alienage and the respondent has the burden of going forward with the evidence to establish a claim to United States citizenship. Wisidis v. … It has been clearly established that the respon- dent was born in Mexico and became a resident alien in the United States in 1964.

Schoenfeld v. Commissioner

37 B.T.A. 36 · United States Board of Tax Appeals · Jan 7, 1938

These provisions are qualified by subsection (E) in several respects. … On these matters, however, the petitioners have failed to establish that any other figures are more nearly correct.

Save Domestic Oil, Inc. v. United States

240 F. Supp. 2d 1342 · United States Court of International Trade · Dec 17, 2002

Moreover, if only regional producers qualify as interested parties, then only an association of which a majority of members are regional producers may qualify as an interested party. … Remand Determ. at 12 (“[W]e find that a product that is included in the subject merchandise is clearly within the domestic like product.

MALDONADO-CRUZ

19 I. & N. Dec. 509 · Board of Immigration Appeals · Jul 1, 1988

The respondent's lengthy statement attached to his asylum application clearly indicates this reason. … A country has the right to establish rules of military conduct and to punish those who violate them.

Application of Jack K. Dale

377 F.2d 661 · Court of Customs and Patent Appeals · May 25, 1967

The fact which the references establish is that hydrocortisone is more potent than cortisone acetate. … We do not think the present record establishes an unexpected “potentiation effect” flowing from the use of hydrocortisone.

LEE

16 I. & N. Dec. 511 · Board of Immigration Appeals · Jul 1, 1978

Although oar sources tend to suggest that such an adoption would not have been allowed because it would have disturbed the order of the genera- tions, there is no source which clearly and indisputably permits such a … In view of the foregoing, we agree with the District Director that the petitioner has not established that the beneficiary qualifies as his "adopted" child since he has failed to show that such an adoption would be valid

American Foundry v. Commissioner

59 T.C. 231 · United States Tax Court · Nov 13, 1972

Nor has the existence of any “program, policy, or custom having the effect of a plan” been established. … However, we cannot say that any amount in excess of $7,000 per year has been established as reasonable compensation.

Queen v. United States

137 Ct. Cl. 167 · United States Court of Claims · Dec 5, 1956

The notice received by plaintiff was principally weak in that it did not clearly state the nature of the action (i. e., whether reduction-in-force, discharge for cause, or other), erroneously informed plaintiff that he had … Consult the Placement and Employee Delations Section if you desire information on such appeals. *175 You have served in a position established under Section 5 (b) of the Surplus Property Act rather than in accordance with

Weston v. United States

United States Court of Federal Claims · Sep 22, 2021

To invoke this court’s jurisdiction, plaintiff bears the burden of establishing by a preponderance of the evidence that her claims are based upon the Constitution, a statute, or a regulation that “can fairly be interpreted … Cir. 1994) (stating that the Internal Revenue Code “waives the United States’ sovereign immunity from refund suits, provided the taxpayer has previously filed a qualifying administrative refund claim”) (internal citation

McGraw v. Brown

7 Vet. App. 138 · United States Court of Appeals for Veterans Claims · Nov 15, 1994

MeGraw, appeals an October 15, 1992, decision of the Board of Veterans’ Appeals (BVA or Board) which determined that new and material evidence had not been submitted to establish service connection for a neurological disorder … In fact, the medical evidence as well as the service medical records and other testimony indicate clearly that the “symptoms” referred to by Dr.

Hastings v. United States

United States Court of Federal Claims · Mar 8, 2023

Further, what claims the Court can discern by liberally construing the Complaint fall clearly outside the subject matter jurisdiction of this Court. See supra Discussion Sections I–III. … Feb. 1, 2021) (dismissing Plaintiff’s complaint as a “qualifying dismissal under 28 U.S.C. § 1915”); Hastings v. United States, No. 22-cv-531, 2022 WL 2679990, at *5 (Fed. Cl.

Taylor v. Commissioner

27 T.C. 361 · United States Tax Court · Nov 27, 1956

the accounts had been established, and that such individuals were the beneficial owners of the accounts. … Clearly, this situation is substantially different from that in Clay H. Brock, supra.

Provost v. United States

60 Ct. Cl. 49 · United States Court of Claims · Dec 1, 1924

Quite as clearly he does not in this act as an agent, but assumes a new position. … Again, it is said that the case falls clearly within the first proviso to the statutes.

Davis v. Secretary of Health and Human Services

United States Court of Federal Claims · May 18, 2015

There are two separate means of establishing entitlement to compensation. … the Table, then the injury may be presumed to qualify for compensation. §300aa- 13(a)(1); §300aa-11(c)(1)(C)(i); §300aa-14(a).

Scottish American Inv. Co. v. Commissioner

12 T.C. 49 · United States Tax Court · Jan 27, 1949

Before the establishment of the Jersey City office, the income of petitioners was collected by the banks. … be pointed out that the Circuit Court of Appeals for the Third Circuit in its opinion, 142 Fed. (2d) 401, at pages 402 and 403, used the following language in stating the factual background for its decision : “The record clearly