Case law

Constitutional Issues Raised by Commerce, Justice and State Appropriations Bill

Department of Justice Office of Legal Counsel · Nov 28, 2001

The “inherent powers” of the President as Commander in Chief are “clearly extensive.” Loving v. … Section 626 Subsection (c) of section 626 would amend provisions of the Foreign Sovereign Immunities Act (“FSIA”) that establish the circumstances in which foreign states are not immune from

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.

Estate of Silverman v. Commissioner

61 T.C. 605 · United States Tax Court · Feb 4, 1974

The assignment further provided that it was made pursuant to the provisions of the pension trust established by Schneierson. After decedent’s death, the proceeds of policy No. … with the restrictions contained in the pension plan is assigned to a participant in a plan, the exclusion was not intended to apply if the rights of the participant in the contract were so absolute that the contract was clearly

Estate of La Meres v. Comm'r

98 T.C. 294 · United States Tax Court · Mar 23, 1992

The [Beta trust] shall be deemed to have been established as of the date of [decedent's] death. 5. … Although the record does not clearly indicate the date that this first extension was filed, the check for $20,000 was dated January 4, 1984, and Mr.

Agma Security Service, Inc. v. United States

United States Court of Federal Claims · Jun 26, 2022

Eligibility Requirements The EAJA statute also requires a party to meet certain eligibility requirements to qualify for EAJA compensation. … In any event, for EAJA purposes, it simply doesn’t matter what the Court’s ruling would have been, because that AGMA motion clearly was part of these “proceedings,” and therefore covered by EAJA. 28 U.S.C

Campbell v. Commissioner

108 T.C. 54 · United States Tax Court · Feb 18, 1997

In addition, the amount of the deduction is limited where the taxpayer was, for any part of the taxable year, an “active participant” in a retirement plan qualified under section 401(a) or a plan established for its employees … In 1974, when Congress decided to include in income the distribution of excess contributions, it clearly and explicitly required such inclusion in both the language of section 408(d)(1) and in the legislative history of such

Revere Paint Co. v. 20th Century Chemical Co.

150 F.2d 135 · Court of Customs and Patent Appeals · May 25, 1945

Wether-ill & Company gives opposer such an interest in the mark ‘20th Century’ as qualifies it to oppose registration of that mark by applicant *1099 [appellee].” The commissioner was of opinion that it did not. … We are of opinion, therefore, that the. commissioner was clearly justified in holding as he did that there is nothing of record tending to establish that the Wetherill corporation was the agent of the appellant company, or

Fuesel v. Hhs

United States Court of Federal Claims · Apr 9, 2014

Avera clearly held that interim awards are permissible. Avera, 515 F.3d at 1352. … Petitioners have not established a reasonable basis to proceed.

Merson v. United States

401 F.2d 184 · United States Court of Claims · Jul 17, 1968

In Walters, supra, (p. 226), the court stated that new evidence presented to a Correction Board nine years after release “establishes in retrospect quite clearly that plaintiff’s condition was incapacitating and permanent … Navy medical records show very clearly that CDR Merson contracted a severe case of malaria while serving on Guada [1] canal in 1943.

Ingenesis, Inc. v. United States

104 Fed. Cl. 43 · United States Court of Federal Claims · Mar 23, 2012

InGenesis Arora Staffing, *49 LLC, a joint venture in which plaintiff is a partner, no longer qualifies under the 621111 small business set aside limit, but it does qualify under the set aside allowed by 622110. … Code 621111 establishes three criteria.

Sims v. United States

125 Fed. Cl. 119 · United States Court of Federal Claims · Feb 3, 2016

Under the FAR, "the time for delivery or performance is an essential contract element and shall be clearly stated in solicitations." FAR§ 11.401. … To the contrary, JRS's reasons are clearly reflected in the record.

VELASQUEZ

25 I. & N. Dec. 278 · Board of Immigration Appeals · Jul 1, 2010

Only Congress can address whether the categorical approach should be required to establish deportability in these circumstances. … The record will therefore be remanded for consideration of evidence regarding whether the offense constitutes a crime of domestic violence under the modified categorical approach.4 Accordingly, 3 The dissent in Johnson clearly

Kingsley v. United States

172 Ct. Cl. 549 · United States Court of Claims · Jul 16, 1965

Those conclusions were reversed on December 16, 1942, by a Medical Appeal Board which found him physically qualified for active military duty. … I will have to answer that no, and qualify it.

Floyd v. United States

125 Fed. Cl. 183 · United States Court of Federal Claims · Feb 24, 2016

The plaintiff cannot rely solely on allegations in the complaint, but must bring forth relevant, adequate proof to establish jurisdiction. See McNutt, 298 U.S. at 189. … "The United States, as sovereign, is immune from suit save as it consents to be sued." United States v. Sherwood,3i2 U.S. 534, 536 (1941). A waiver of immunity "cannot be implied but must be unequivocally expressed."

Deering Milliken, Inc. v. Commissioner

59 T.C. 469 · United States Tax Court · Dec 27, 1972

Where property is acquired by purchase, nothing is more clearly part of the process of acquisition than the establishment of a purchase price.8 Thus the expenses incurred in that litigation were properly treated as part of … made after a new corporation’s first taxable year may qualify as organizational expenditures, and whether Pacolet made a timely election in respect of its appraisal expenditures in 1964.

Made in the USA Foundation v. United States

51 Fed. Cl. 252 · United States Court of Federal Claims · Dec 14, 2001

Under the Act, an express or implied contract with the Army and Air Force Exchange Service and Navy Exchanges qualifies as “an express or implied contract with the United States.” Id. … Although a request need not be specific, the claimant must establish objective facts demonstrating the request for a final decision. Plaintiffs fail to establish that the prerequisites of the CDA have been met.

DUCRET

15 I. & N. Dec. 620 · Board of Immigration Appeals · Jul 1, 1976

The short answer to this contention is that no other charges of deportability have been made against the respondent nor are they clearly established by the present record. … In the event that an additional charge is both lodged and established, the immigration judge will no longer have jurisdiction to grant the respondent's application.

Estate of Clack v. Commissioner

106 T.C. 131 · United States Tax Court · Feb 29, 1996

Where a reversal would appear inevitable, due to the clearly established position of the Court of Appeals to which an appeal would lie, our obligation as a national Court does not require a futile and wasteful insisténce … Clearly, by providing for an election, Congress’ purpose also was to allow some post mortem tax planning.

Statesman II Apartments, Inc. v. United States

66 Fed. Cl. 608 · United States Court of Federal Claims · Jul 20, 2005

United States, 536 U.S. 129, 141 , 122 S.Ct. 1993 , 153 L.Ed.2d 132 (2002) (“Once the United States waives its immunity and does business with its citizens, it does so much as a party never cloaked with immunity.”); United … The Owner shall submit to the Government financial statements which clearly support the increase.

Agma Security Service, Inc. v. United States

United States Court of Federal Claims · Jun 26, 2022

Eligibility Requirements The EAJA statute also requires a party to meet certain eligibility requirements to qualify for EAJA compensation. … In any event, for EAJA purposes, it simply doesn’t matter what the Court’s ruling would have been, because that AGMA motion clearly was part of these “proceedings,” and therefore covered by EAJA. 28 U.S.C