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17 Cl. Ct. 750 · United States Court of Claims · Jul 20, 1989
However, transit authorities in many states required those submitting bids to qualify for performance bonding. … Third, the government’s highly-qualified expert, Mr. Ohanian, clearly testified that the company’s serious, economic condition continued to worsen from *758 1975, a year before the gift date until bankruptcy in 1981.
Reversed on other grounds by Frederick G. Krapf, Jr., and June B. Krapf v. The United States, 977 F.2d 1454 (1992)Cited 6 timesPublished25 I. & N. Dec. 127 · Board of Immigration Appeals · Jul 1, 2009
The DOL approves a labor certification only if it is established that there are not sufficient United States workers “able, willing, qualified . . . and available” to perform the job and that the employment of the alien will … Once the required recruitment process is complete, the employer files the labor certification declaring, inter alia, that “[t]he job opportunity has been and is clearly open to any” United States worker and that United States
Cited 57 timesPublished26 Cl. Ct. 553 · United States Court of Claims · May 29, 1992
Under this principle, a later statute will not be held to repeal an earlier one unless the intention to repeal is expressed clearly in the later statute. Id. … This approach is implicit in the establishment of a bicameral legislature and in the requirement that bills be presented to the President and be subject to a qualified veto, in article I, § 7.”
Cited 5 timesPublished116 Fed. Cl. 71 · United States Court of Federal Claims · May 2, 2014
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.’” Arbaugh v. … Although plaintiffs income level and absence of savings may qualify him for in forma pauperis status, as discussed and determined above, plaintiffs complaint is dismissed for lack of jurisdiction in this court.
Cited 3 timesPublished78 Fed. Cl. 211 · United States Court of Federal Claims · Aug 9, 2007
Plaintiffs view is clearly at odds with the IRC. … The waiver of immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969).
Cited 25 timesPublishedUnited States Court of Federal Claims · Sep 24, 2020
“The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941). The waiver of immunity “cannot be implied but must be unequivocally expressed.” … As defendant asserts, see Def.’s Mot. 15, the events necessary to establish the government’s alleged liability for this breach occurred by October 14, 2009.
Cited 0 timesPublished121 Fed. Cl. 807 · United States Court of Federal Claims · Jun 12, 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.’” Arbaugh v. … Ba-ber’s income level may qualify him for in forma pauperis status, -as discussed above, his complaint is being dismissed for lack of jurisdiction. CONCLUSION .
Cited 0 timesPublishedTexas Instruments Inc. v. United States
475 F. Supp. 1183 · United States Customs Court · Jun 29, 1979
No evidence has been submitted by the defendant to controvert or qualify the established definition. … As clearly established by a preponderance of all the evidence, the accom *1192 modations for the future assembly of other components as well as the lead extension for a future connection with other components merely serve
Cited 17 timesPublished143 Ct. Cl. 605 · United States Court of Claims · Oct 8, 1958
In view of the facts clearly established by the unoontra-dicted evidence concerning plaintiff’s life up to the time he suffered his breakdown in 1944 while in the service, we agree with the plaintiff’s contention that prior … He was a qualified and experienced neuropsy-chiatrist.
Cited 7 timesPublished177 Ct. Cl. 651 · United States Court of Claims · Dec 16, 1966
employees in the function or functions transferred or in the agency which is replaced by some other agency shall first be transferred to the replaceing [sic] agency, or agencies, for employment in positions for which they are qualified … There was no GS-13 retention register established by OEP after the transfer to reflect any positions of the kind and nature held by plaintiff.
Cited 2 timesPublishedBrunson v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 28, 2020
MacGinnitie indicated that epidemiologic studies clearly show no relation between vaccination and SIDS. (Id. at p. 5.) Dr. … The resulting report noted that “[a]ll controlled studies that have compared immunized versus nonimmunized children have found either no association or a decreased risk of SIDS among immunized children.”
Cited 0 timesPublishedEstate of Speer v. Commissioner
57 T.C. 804 · United States Tax Court · Mar 15, 1972
The sole issue for our determination is whether the remainder interest in a trust established by the decedent fails to qualify for a charitable deduction pursuant to section 2055 1 because of the management discretion vested … In each of the previously cited cases in which the Government prevailed, a far broader category of benefit to the income beneficiary was established.
Cited 8 timesPublished23 I. & N. Dec. 423 · Board of Immigration Appeals · Jul 1, 2002
In the face of congressional silence, we reasoned that “[s]ection 101(a)(48)(A) of the Act clearly states the requirements for a conviction . . . … 10 years of continuous physical presence and good moral character to qualify for suspension of deportation.
Cited 53 timesPublished87 T.C. 49 · United States Tax Court · Jul 3, 1986
Respondent maintains that the language of the consent clearly and unambiguously encompasses an increase in tax pursuant to section 47. … A “recapture” recomputation of the investment credit pursuant to section 47 is clearly a decrease in or adjustment to the credit.
Cited 16 timesPublishedGarilynn Smith v. Department of the Army
2022 MSPB 4 · Merit Systems Protection Board · Apr 13, 2022
Therefore, the administrative judge found, the appellant clearly satisfied the knowledge/timing test. … reasonable response to the agency’s appalling suggestion that dumping service 19 members’ remains in a landfill could ever qualify
Cited 64 timesPublishedNewton Insert Co. v. Commissioner
61 T.C. 570 · United States Tax Court · Jan 30, 1974
The provisions of the 1961 license agreement clearly did not reserve any such right to City of Hope. … Schaffner, 312 U.S. 519 (1941), relied on by petitioner, which deals with the right of a life beneficiary of a testamentary trust to assign income, is clearly distinguishable. Oak Manufacturing Co. v.
Cited 9 timesPublished56 T.C. 1300 · United States Tax Court · Sep 15, 1971
Had he seriously intended to qualify as a regular teacher it seems that he could have become qualified as such prior to 1967. It would appear that he was primarily interested and involved in obtaining a Ph. … I can conceive of situations where study abroad would clearly satisfy the "ordinary" requirement of section 162(a) .
Cited 53 timesPublishedCuyahoga Metropolitan Housing Authority v. United States
57 Fed. Cl. 751 · United States Court of Federal Claims · Sep 22, 2003
These facts shall be deemed established for purposes of future proceedings in this case. RCFC 56(d). . … Thus, while the doctrines incorporate similar requirements, they proceed from independent lines of authority: the sovereign acts doctrine from early Court of Claims decisions (circa 1865) applying concepts of sovereign immunity
Cited 30 timesPublished91 T.C. 110 · United States Tax Court · Jul 26, 1988
We must keep clearly in mind that section 911(d)(6) is concerned with the denial of double tax benefits. … This has been well established for many years. In Pollack v.
Cited 11 timesPublished633 F.2d 933 · United States Court of Claims · Jul 16, 1980
In order to qualify for annual premium pay, this "standby overtime” must be required of the employee, and the hours must be part of a regularly established, pre-set time schedule. … The language in these statutes clearly applies only to section 5545(c)(1) pay, with the sole exception of retirement.
Cited 10 timesPublished
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