Case law

Knowledge Connections, Inc. v. United States

76 Fed. Cl. 612 · United States Court of Federal Claims · May 30, 2007

Conceptually, by way of the VETS GWAC, GSA endeavored to select a pool of pre-qualified, service-disabled, veteran-owned small businesses that then would compete for information technology “task orders” from individual agencies … Requirements for an Award of Attorney’s Fees under EAJA “The EAJA is a waiver of sovereign immunity which must be strictly construed.” Levernier Constr., Inc. v.

Cameron Machine Co. v. Commissioner

24 T.C. 394 · United States Tax Court · Jun 14, 1955

From the factual standpoint, *188 the problem presents much greater difficulty than Leon Strauss, supra , where the tracing was clearly and unquestionably established. … A majority of the Board were of the opinion that the record did not clearly identify the payments on the contract of June 30, 1928, with the amounts received under the award in August, 1928, and concluded that the recitals

Keith v. Commissioner

52 T.C. 41 · United States Tax Court · Apr 8, 1969

Supp. at 741): Plaintiff clearly has a property interest in her leasehold and in the cottage built on it. She has no property interest, however, in the dam or lake. … We .hold that petitioner qualifies for a deduction under section 165 (a) and (c) (3).

Garstin v. United States

352 F.2d 537 · United States Court of Claims · Nov 12, 1965

No other witness, qualified to give opinion evidence as to the value of real estate in the pertinent area, testified. … Sewerage was by a septic system established on the property, and a well provided an adequate supply of water.

Doe v. United States

United States Court of Federal Claims · Apr 30, 2021

The plaintiff also must establish “more than a sheer possibility that a defendant has acted unlawfully.” Ashcroft, 556 U.S. at 678. … Accordingly, the Government clearly indicated that there was no guarantee that a final determination would be made by .

Merchants National Bank v. United States

7 Cl. Ct. 1 · United States Court of Claims · Dec 6, 1984

It is established that conclusions of law by the hearing officer are not protected by the clearly erroneous standard. See 9 Wright & Miller, Federal Practice and Procedure, § 2585, at 732 (1971). … Clearly, there was no intent to cut off any claim based on wrongful acts. In fact, at that point in time an equitable claim clearly was not envisioned by either party.

Edwards v. United States

92 Fed. Cl. 277 · United States Court of Federal Claims · Mar 31, 2010

When the source of such an alleged right is a statute, the statute can only support jurisdiction if it qualifies as money mandating. White Mountain, 537 U.S. at 473 , 123 S.Ct. 1126 . … Radiator, 318 F.2d at 920 , plaintiff could establish that she made an informal claim for refund. *285 Case law has established that a determination of whether a timely and adequate informal claim for refund has been made

Brogden v. Henry

69 F.2d 978 · Court of Customs and Patent Appeals · Apr 16, 1934

establishes the fact that apples were treated in the early part of the year 1926 with, a dilute solution of ammonia followed by washing- and drying. … When testifying on behalf of appellants, he qualifies his stipulated statement to the extent that the apples were discolored by the treatment and were marketed at a much reduced price.

Greene v. United States

65 Fed. Cl. 375 · United States Court of Federal Claims · Apr 29, 2005

Greene’s claims is clearly beyond the jurisdiction of this Court — his request for punitive damages in the amount of ten million dollars. It is well-established that this Court lacks authority to grant punitive damages. … This claim clearly survives the Government’s Motion to Dismiss. Favorably construing Mr.

Parmelee Transportation Company v. The United States

351 F.2d 619 · United States Court of Claims · Oct 15, 1965

Both involved situations in which rights were clearly not transferable and positive action had to be taken by the grantor of the rights. … The burden will be on the taxpayer to establish that the loss qualifies as an identifiable event or a closed transaction under section 165 of the Internal Revenue Code of 1954.

Wagner Spray Tech Corp. v. United States

2025 CIT 49 · United States Court of International Trade · Apr 21, 2025

This testing was conducted by a qualified electronic testing laboratory. Id. … In Agilent II, this Court did not clearly sustain Commerce’s five-factor test for determining whether a product qualifies for the finished heat sink exclusion.

Molina Healthcare of California, Inc. v. United States

133 Fed. Cl. 14 · United States Court of Federal Claims · Aug 4, 2017

--The Secretary shall establish and administer a program of risk corridor for calendar years 2014, 2015, and 2016 under which a qualified health plan offered in the individual or … First, the plain language of Section 1342 stating that “HHS will pay” qualified insurers is clearly money-mandating. Land of Lincoln, 129 Fed. Cl. at 97; Health Republic, 129 Fed. Cl. at 770; Moda Health Plan, 130 Fed.

Degill Corp. v. Commissioner

62 T.C. 292 · United States Tax Court · Jun 10, 1974

The crux of the issue is whether in these particular circumstances a domestic corporation can qualify as a “person” outside the United States so that the 150-day filing rule applies. … We find that respondent’s reliance on Mianus Realty Co., 50 T.C. 418 , is misplaced since the facts are clearly distinguishable.

A. J. Arango, Inc. v. United States

1 Ct. Int'l Trade 271 · United States Court of International Trade · May 4, 1981

Clearly, this is the function that the imported coupling performs. … National Carloading Corp., 48 CCPA 70, 72, C.A.D. 767 (1961), such an admission is entitled to weight, particularly since one of the witnesses making the admission was qualified by plaintiff as an expert.

Knowledge Connections, Inc. v. United States

79 Fed. Cl. 750 · United States Court of Federal Claims · Dec 12, 2007

AR 182-84 (Solicitation §§ C.11.1, 2). 10 Thus, up to 576 qualifying experiences could be submitted. … Such offer-ors may not be “the most highly qualified” offerors in a specialized class of work-scope elements, as seemingly contemplated by OMB, but rather might be simply “qualified” across a broad spectrum of information

Fakhri v. United States

2007 CIT 126 · United States Court of International Trade · Aug 20, 2007

The Federal Circuit has clearly stated its position on this issue. … Therefore, unclean hands is clearly available to bar any such equitable relief it seeks.

Dumaine Farms v. Commissioner

73 T.C. 650 · United States Tax Court · Jan 9, 1980

Also, you have not established that you are operated for public rather than private interests. … Besides qualifying as “research,” for an activity to qualify as scientific, it must also benefit the public.

Cedar Lumber, Inc. v. United States

34 Cont. Cas. Fed. 75,399 · United States Court of Claims · Nov 3, 1987

The parties here signed an agreement on October 21, 1985. 3 Pursuant to the settlement, the Forest Service agreed to accept and approve qualifying contracts. … Rates during the extension period could be higher, but not lower than rates established in the initial contract.” 48 Fed. Reg. 38,862 , 38,863-64 (1983).

Burroughs Corp. v. United States

617 F.2d 590 · United States Court of Claims · Mar 19, 1980

Here, plaintiff insists, the facts found and conclusions reached by the Comptroller General establish clearly that the conduct of the contracting officer violated the terms of the RFP, applicable regulations and the basic … Were it not for the clearly improper actions of the contracting officer, plaintiff in McCarty would have won the contract.

Farber v. Commissioner

57 T.C. 714 · United States Tax Court · Mar 6, 1972

If he intended to kill the lawn because of the 'density of the quack grass and other weeds, then the damage was clearly anticipated and not unexpected. … The facts do not show the existence of the knowingly malicious and wanton conduct required to establish gross negligence.