Case law

Snowbank Enterprises, Inc. v. United States

6 Cl. Ct. 476 · United States Court of Claims · Oct 26, 1984

The plaintiff is the owner of a resort qualified for purchase by the Government. … It clearly would be an element that any purchaser would consider in determining fair market value.

Franco v. United States

15 Cl. Ct. 283 · United States Court of Claims · Aug 16, 1988

deciding that question in the Indians’ favor, the Court made the observation — now relied on by the plaintiffs — that “[t]he recognition of a damages remedy also furthers the purposes of the statutes and regulations, which clearly … The court further noted that section 6324 was part of a statute whose primary concern was the establishment of a suitable sick leave system for certain police and firemen — one that prevented the use of sick leave for line-of-duty

Oberman Mfg. Co. v. Commissioner

47 T.C. 471 · United States Tax Court · Feb 8, 1967

taxpayer in arriving at such deduction, shall not be denied for any taxable year ending before January 1, 1969, solely by reason of the fact that (1) the liability for the vacation pay to a specific person has not been clearly … the qualifying service necessary under a plan or policy (communicated to the employee before the beginning of the vacation year) which provides for vacations with pay to qualified employees.

Greenway v. United States

175 Ct. Cl. 350 · United States Court of Claims · Apr 15, 1966

Both assignments were clearly specified. … The statement of reasons should be sufficiently detailed to clearly establish the employee’s unsuitability for continued employment. * * *. *379 b.

Barnard v. United States

United States Court of Federal Claims · Apr 7, 2015

It is well established that "'subject-matter jurisdiction, because it involves a court's power to hear a case, can never be forfeited or waived-"' Arbauqh v. … Barnard's income level qualifies him for in forma pauperis status, however, as discussed above, his complaint is being dismissed for lack of jurisdiction.

S. Y. Rhee Importers v. United States

486 F.2d 1385 · Court of Customs and Patent Appeals · Nov 1, 1973

However, as ■quoted above, the Customs Court clearly stated that the chief purpose of amusement “is not refuted by the evidence adduced at trial.” … However, appellant admits that this witness was a qualified psychologist having past experience with greeting cards.

Design & Production, Inc. v. United States

36 Cont. Cas. Fed. 75,844 · United States Court of Claims · Apr 23, 1990

This formulation provides wide latitude for a party seeking to be qualified as a “prevailing party.” … Clearly, Mr. Harotounian, Mr. Wright, and Mr. Harrell were not qualified as expert witnesses. Plaintiff, however characterizes these individuals as “consultants” who assisted counsel in preparation for trial.

Ewart v. Commissioner

85 T.C. 544 · United States Tax Court · Oct 8, 1985

Here, the petition does not clearly articulate what errors petitioner alleges were committed by respondent. … We recognize that the result we reach here may appear harsh as to petitioner, although clearly mandated by statute.

Jordan v. Commissioner

60 T.C. 770 · United States Tax Court · Aug 27, 1973

Such activities are clearly within the realm of petitioner’s trade or business, and the expenses attendant thereto are thus incurred in his trade or business. Cf. David J. Primuth,, supra; Guy R. … Finally, the record established beyond any doubt that petitioner and GHEA had a direct interest in the enactment of the desired legislation.

Henry L. Gardner v. Erik K. Shinseki

22 Vet. App. 415 · United States Court of Appeals for Veterans Claims · Mar 13, 2009

Character of Discharge and Insanity Determinations "In order to qualify for VA benefits, a claimant . . . or the party upon whose service the claimant predicates the claim . . . [must be] a 'veteran.'" … The Court reviews the Board's factual decision in this regard under the "clearly erroneous" standard of review. 38 U.S.C. § 7261(a)(4); see Beck, supra; Gilbert v. Derwinski, 1 Vet.App. 49, 52-53 (1990).

Protest 116113-K of Fendrich

18 Cust. Ct. 200 · United States Customs Court · May 20, 1947

Documentary and oral *203 evidence establishing the identity of the bales shipped in November 1945, and their return to Evansville in the following month, were offered and received, and it clearly appears that two witnesses … Levison examined at the same time, and found that the leaves did not have.the required width, nor the required tensile strength, nor the required color, nor the required burn to qualify as wrapper tobacco.

Jeanine Frazier v. Denis McDonough

United States Court of Appeals for Veterans Claims · May 23, 2024

Because the Board clearly erred when it dismissed the veteran's claims for SAH or SHA and automobile adaptive benefits, we will reverse that portion of the Board's decision. … Because Congress has spoken clearly about these matters, our job is merely to apply the statute.

Maddrix v. Commissioner

83 T.C. 613 · United States Tax Court · Oct 22, 1984

The note signed by petitioner clearly specified that it was secured solely by petitioner’s fractional undivided interest in the sublease, that petitioner would not be personally liable for any amounts payable under the note … To qualify for the deduction, the petitioner must meet the terms of the regulation, which sets out that a minimum royalty provision must require payment at least annually.

Msc Industrial Direct Co., Inc. v. United States

126 Fed. Cl. 525 · United States Court of Federal Claims · May 6, 2016

BPAs may be established under FSS contracts “to fill repetitive needs for supplies or services.” FAR 8.405-3(a)(1). … The Committee maintains and publishes in the Federal Register a procurement list that includes items which must be procured from “a qualified nonprofit agency for the blind or . . . a qualified nonprofit agency for other

Tucker v. Commissioner

23 T.C. 115 · United States Tax Court · Oct 27, 1954

There is nothing to indicate that he had any experience which would qualify him to manage the company. Likewise, there is nothing to indicate that Blanche E. Fleck had such experience or qualifications. … The law is well established that the disbursement of corporate earnings serving the ends of a stockholder may constitute a dividend to such stockholder notwithstanding that the formalities of a dividend declaration are not

Superior Optical Labs, Inc. v. United States

United States Court of Federal Claims · Nov 30, 2021

Superior qualifies as a “party” under EAJA. … But, as the billing records clearly demonstrate, Crowell staffed one partner, one counsel, and one associate on this matter.

R. v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 16, 2022

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … It was felt that it was related to an influenza immunization that he had been given and he has now gotten lifelong exemption for receiving further influenza immunizations.8 Id.

Svagdis v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 11, 2022

In attempting to establish entitlement to a Vaccine Program award of compensation for a off-Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v. … Cir. 2007) (noting that “the government bears the burden of establishing alterative causation. . . . once petitioner has established a prima facie case”).

Hermogenes v. Brown

9 Vet. App. 75 · United States Court of Appeals for Veterans Claims · Apr 11, 1996

By letter dated February 19, 1991, the appellant was advised that as a result of a change in law he was no longer eligible for pension benefits upon turning sixty-five and that in order to qualify for pension benefits, he … The regulations clearly contemplate the inclusion of this type of lump sum retirement payment as income in one annualization period.

M-E-V-G

26 I. & N. Dec. 227 · Board of Immigration Appeals · Jul 1, 2014

ISSUE The question before us is whether the respondent qualifies as a “refugee” as a result of his past mistreatment, and his fear of future persecution, at the hands of gangs in Honduras. … In fact, we have recognized particular social groups that are clearly not ocularly visible.