Case law

Sharp v. United States

91 Fed. Cl. 798 · United States Court of Federal Claims · Mar 1, 2010

In order to qualify for the SBP, the veteran had to have “been eligible for retirement, have chosen SBP coverage, and have paid premiums for the benefit plan.” Sharp I, 80 Fed.Cl. at 428 (internal citations omitted). … United States, 837 F.2d 465, 467-68 (Fed.Cir.1988) (utilizing earlier “clearly reasonable” standard).

Richard W. Staab v. Robert A. McDonald

28 Vet. App. 50 · United States Court of Appeals for Veterans Claims · Apr 8, 2016

The statute establishes that VA reimbursement is warranted when coverage by a third party is less than total. See 38 U.S.C. § 1725(c)(4)(A), (B). … United States, 498 U.S. 103, 109 (1990) (noting "the established principle that a court should 'give effect if possible, to every clause and word of a statute'" (quoting United States v.

Zivnuska v. Commissioner

33 T.C. 226 · United States Tax Court · Nov 9, 1959

But, even if it be assumed that there was a “debt,” petitioner failed to establish his contention that he was engaged in a “business of loaning money for profit,” so that any loss on such a debt could qualify for deduction … We think the instant case clearly falls within the intendment of the provisions of section 293(a). In Spies v.

Normandy Apartments, Ltd. v. United States

100 Fed. Cl. 247 · United States Court of Federal Claims · Aug 2, 2011

“First, a party’s later position must be ‘clearly inconsistent’ with its earlier position.” New Hampshire, 532 U.S. at 750 , 121 S.Ct. 1808 . … Accordingly, “[tjhe effect of finding privity of contract between a party and the United States is to find a waiver of sovereign immunity.” Cienega Gardens v.

COLONIAL CHEVROLET CO., INC. v. United States

United States Court of Federal Claims · Mar 12, 2025

Certain intangible property interests can also qualify. See id. (citing Ruckelshaus v. … Monsanto Co., 467 U.S. 986, 1003–04 (1984) (establishing that an interest in sensitive data can qualify as a trade-secret property right for purposes of the Fifth Amendment).

Connecticut Light & Power Co. v. Commissioner

40 T.C. 597 · United States Tax Court · Jun 26, 1963

fails to establish what, if any, such lines might reasonably have been built. … Respondent asserts that his determinations for the years 1940-42 were clearly erroneous.

Sunoco, Inc. v. United States

129 Fed. Cl. 322 · United States Court of Federal Claims · Nov 22, 2016

Code). 2 and thereby qualified for the Mixture Credit. Compl. ¶ 11. … Sunoco cites the well-established construction canon of expressio unius est exclusio alterius, or “the expression of the one is the exclusion of the other,” to support its case.

Draper v. Commissioner

32 T.C. 545 · United States Tax Court · May 29, 1959

Clearly the terms of the instrument limit the use of the building constructed by the trust to the defined charitable purposes. … Fred’s activity with respect to the tax return for 1945 indicates clearly that he attempted to pay the correct amount of tax due for that year.

Defense Integrated Solutions, LLC v. United States

United States Court of Federal Claims · Apr 5, 2023

To receive SBA certification, “a concern must . . . demonstrat[e] that it is owned and controlled by one or more qualifying veterans and qualifies as a small business concern.” 13 C.F.R. § 128.303(a). … Ordinarily, if a concern or entity cannot qualify as a small business, then its affiliates also cannot qualify as small businesses.

Schmutzer v. Ayres

129 F.2d 703 · Court of Customs and Patent Appeals · Jun 29, 1942

While the foregoing was held sufficient to establish conception, the board held it insufficient to establish reduction to practice because of the absence of corroboration of air tests and taste tests. … G. 3, wherein a taste test of an edible product was required to establish reduction to practice.

Artwohl v. United States

434 F.2d 1319 · United States Court of Claims · Dec 11, 1970

The most common occurrence which qualified a car for sale was the passage of two years following the date of importation. … Those who serve us abroad, though able and dedicated, are not per se entirely immune.

Proposed Changes in Operation of the Witness Protection Program

Department of Justice Office of Legal Counsel · Dec 29, 1982

Description of Program and Proposed Changes Under the Program, which was established under Title V of the Organized Crime Control Act of 1970, Pub. L. … The courts in D oe and Leonhard reasoned that the Crime Control Act does not waive sovereign immunity for suits brought against the government under the Act, and that the general waiver of sovereign immunity for injunctive

Pope v. United States

76 Ct. Cl. 64 · United States Court of Claims · Mar 7, 1932

The proof is not only convincing but clearly establishes that the timber used and not paid for was in fact actually used in the timbered sections, and for this timber the contractor was entitled to payment. … This fact is clearly established for they were not filled except in accord with the contractor’s promise to see to it that grout instead of cement filled them.

Malone v. United States

34 Fed. Cl. 257 · United States Court of Federal Claims · Oct 6, 1995

Plaintiff Roy Michael Malone owned fifteen properties in the Chat *260 tanooga, Tennessee area which qualified for the Mod Rehab program. In 1982, Mr. … More importantly, though, this provision does not permit a suit against the United States because it “is immune from suit save as it consents to be sued.”

Representation of Government Employees in Cases Where Their Interests Diverge from Those of the United States

Department of Justice Office of Legal Counsel · Mar 27, 1980

It is purely a question of sovereign immunity: as between the defendants and the United States, who pays? … Congress could, for example, establish a legal aid society for government employees for the purpose among others of supporting a legal assault on the doctrine of sovereign immunity.

Payment of Legal Fees in Connection With a Cabinet Member's Confirmation Hearings

Department of Justice Office of Legal Counsel · May 13, 1981

Among other things, this Act places a ceiling on the salary rate paid to consultants This salary limitation clearly would apply if the lawyer’s fees were paid by GSA. 3 Had the same legal services been required after the … Campaign A ct o f 1971 and F E C regulations. 128  There is a line of Comptroller General decisions holding that an officer or employee has on his shoulders “the duty of qualifying

S-K

23 I. & N. Dec. 936 · Board of Immigration Appeals · Jul 1, 2006

Although the Immigration Judge found that the respondent had established a well-founded fear of persecution in order to qualify for asylum, he denied her application for relief because, by providing money and other support … rejected the alien’s arguments that because a similar statute criminalizing such support to terrorists included a longer list of examples, including lodging, congressional intent was to limit the types of support that would qualify

FloorPro, Inc. v. United States

98 Fed. Cl. 144 · United States Court of Federal Claims · Apr 6, 2011

United States, 194 F.3d 1231, 1239 (Fed.Cir.1998) (“The effect of finding privity of contract between a party and the United States is to find a waiver of sovereign immunity.”). … The Court notes two particularly compelling points in which the contracting officer clearly demonstrates the requisite intent to benefit FloorPro.

Signet Banking Corp. v. Commissioner

106 T.C. 117 · United States Tax Court · Feb 29, 1996

As discussed above, the cardholder agreement clearly establishes that this is not the case here. … We disagree that petitioner qualifies under section 3.06(b) of Rev. Proc: 71-21, supra.

Graham v. Commissioner

83 T.C. 575 · United States Tax Court · Oct 15, 1984

These payments were for the Hubbard Qualified Scientologist course (HQS), Communications course, and auditing. Some of the payments toward courses were for Graham’s daughters, Karen and Laurel. … The record demonstrates clearly that these payments were not voluntary transfers without consideration, but were made with the expectation of receiving a commensurate benefit in return.