Case law

Lopinson v. United States

15 Cl. Ct. 712 · United States Court of Claims · Nov 9, 1988

This result is clearly unfortunate for the plaintiffs. … This rule, as explained by the Supreme Court in Federal Crop Ins., is in no way qualified by any directive that the parties be of roughly comparable sophistication.

Pietrofeso v. United States

801 F. Supp. 743 · United States Court of International Trade · Aug 25, 1992

Kewaskum, 786 F.2d 338, 339 (7th Cir.1986) quoting Roth, 408 U.S. at 577 , 92 S.Ct. at 2709 ). 8 In this case, the statute and controlling regulations clearly do not provide an applicant with an entitlement to a customs broker … Before granting the license, the Secretary may require an applicant to show any facts deemed necessary to establish that the applicant is of good moral character and qualified to render valuable service to others in the conduct

West 28th Street Corp. v. Commissioner

4 B.T.A. 147 · United States Board of Tax Appeals · Jun 21, 1926

The two qualifying shares originally issued on March 1, 1907, to Charles W. Hoffman and George F. Drew were assigned by them in blank on March 2, 1907. … The evidence clearly establishes the fact that the actual ownership of all stock in both corporations was in George A. Potterton and his brother, John H.

Laughlin v. United States

52 Ct. Cl. 292 · United States Court of Claims · Apr 2, 1917

Booth, Judge, reviewing the facts found to be established, delivered the opinion of the court: This is a suit under section 2 of the act of March 26, 1908, 35 Stat. … D., 177) and the department does not feel warranted in disturbing such long-established rule of adjudication.”

Habas Sinai Ve Tibbi Gazlar Istihsal Endustrisi A.S. v. United States

625 F. Supp. 2d 1339 · United States Court of International Trade · Jun 15, 2009

Applying that then well-established test, Commerce concluded in the Preliminary Results that Habas did not qualify for the use of multiple cost-averaging periods: In this case, because we do not find that the price … Both cases are clearly distinguishable on their facts from the case at bar.

Dyment v. West

13 Vet. App. 141 · United States Court of Appeals for Veterans Claims · Nov 2, 1999

. § 1310 , dependency and indemnity compensation (DIC) is paid to a surviving spouse of a qualifying veteran who died from a service-connected disability. See Hanna v. Brown, 6 Vet.App. 507, 510 (1994). … Brown, 5 Vet.App. 229, 232 (1993) (a finding of service connection, or no service connection, is a finding of fact reviewed under the “clearly erroneous” standard). Dr.

Bigelow v. Commissioner

38 B.T.A. 377 · United States Board of Tax Appeals · Aug 23, 1938

hereto is the community property of the parties hereto; and the parties hereto are desirous that th,e rights and interests of the respective parties hereto in and to all their community property be expressly defined and established … Some of these were: management and control of the community property, absolute and exclusive power to dispose of the personalty, qualified power to dispose of the real estate, power to contract debts upon the wife’s share

Berg v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 14, 2022

In this case, both experts are neurologists and are qualified to offer an opinion. Dr. … Donofrio is board certified in electrodiagnostic medicine and neuromuscular medicine and thus is especially well qualified to discuss and interpret Ms. Moss’s EMG testing. Dr.

Franklin v. Commissioner

34 B.T.A. 927 · United States Board of Tax Appeals · Aug 14, 1936

Not only is it never presumed, but the ordinary preponderance of evidence is not sufficient to establish such a charge. … establishing fraud, as in M.

Mountain States Telephone & Telegraph Co. v. United States

499 F.2d 611 · United States Court of Claims · Jun 19, 1974

Tallman, 380 U.S. 1, 16-17 (1965) : * * * When the construction of an administrative regulation rather than a statute is in issue, deference is even more clearly in order. … some *535 thing from the enacting clause, or to qualify and restrain its generality and prevent misinterpretation. * * * [United States v.

Madison Newspapers, Inc. v. Commissioner

47 T.C. 630 · United States Tax Court · Mar 24, 1967

But this background is of limited significance in determining whether an investment made before the legislation became law should or should not qualify. … Following the pattern established by the regulations respecting accelerated depreciation (see sec. 1.167 (c)-l.

Andrews v. Secretary of the Department of Health & Human Services

33 Fed. Cl. 767 · United States Court of Federal Claims · Jul 19, 1995

In support of its motion respondent argued that the Act clearly prohibits the estate of a person who dies from non-vaccine related causes from bringing or continuing a petition for vaccine injuries. … Although *771 the majority of children benefit from mandatory immunization, the public and Congress were becoming increasingly aware of the “potential hazards of these vaccines and about the serious — and sometimes deadly

Demodulation, Inc. v. United States

123 Fed. Cl. 98 · United States Court of Federal Claims · Aug 27, 2015

Because a waiver of sovereign immunity is strictly construed, absent a clear contractual intent that the parties intended for Demodulation to have a direct appeal, see id. at 1556-57; see also Lockheed Martin, 50 Fed. … Demodulation has failed to establish that B&W Y-12 was DOE’s purchasing agent so as to be in privity with the Government. 3.

United States v. Oxford International Corp.

517 F.2d 1374 · Court of Customs and Patent Appeals · Jun 26, 1975

Exhibit 1, in evidence, is a sample of the imported merchandise from which we have made the sketch reproduced below to show as clearly and as simply as possible exactly what it is. *103 Referring thereto, the imported bicycle … Like appellee’s brief before us, the lower court quoted as absolute an admission by defendant which was a highly qualified admission. It is important to note just what the pleadings said.

Stern Bros. v. Commissioner

16 T.C. 295 · United States Tax Court · Feb 8, 1951

They were purchased to qualify D. H. O’Leary, an employee of petitioner, on the board of directors of Cook Paint. … Petitioner claims that it kept its books on a strict cash basis which clearly reflected its income during the taxable years.

United States v. J. P. Reiss Co.

18 C.C.P.A. 159 · Court of Customs and Patent Appeals · Nov 3, 1930

This, we think, was clearly the intent of Congress and we feel that it would be supertechnical to construe the language otherwise. … (Inc.) for a period of some 45 years, also qualifies as one having experience by extensive dealing in this merchandise and establishes a competency to give correct information concernihg it.

Pahwa v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 16, 2021

Respondent further argues that Petitioner has not offered a reliable expert opinion establishing that Petitioner’s initial pain resulted from poor injection technique or an immune-mediated inflammatory response and has not … established that his flu vaccine in fact caused his shoulder symptoms.

Excavation Construction, Inc. v. United States

494 F.2d 1289 · United States Court of Claims · Apr 17, 1974

Knott’s qualifications as a responsible and qualified contractor had already been satisfactorily established as a result of the investigation that had been made on the first invitation. 38 Comp. … the bidder’s failure specifically to acknowledge addenda 1 and 2 that had been issued, was held to constitute an informality that could be waived where the bidder’s bid on an item that had been added by addendum No. 1, clearly

Rhone Poulenc, S.A. v. United States

592 F. Supp. 1318 · United States Court of International Trade · Jul 19, 1984

The ITA’s decision that the salaries and related personnel expenses are not directly related to sales is clearly correct under the circumstances of this case. … This is not to say that personnel expenses could never qualify as a technical adjustment.

Nutech Laundry & Textile, Inc. v. United States

56 Fed. Cl. 588 · United States Court of Federal Claims · Jun 9, 2003

Nutech argued that Tartan: does not qualify for a small business set-aside under controlling SBA regulations.... IT SHOULD HAVE BEEN CLEAR FROM THE DATA SUBMITTED by TARTAN ... THAT THEY DID NOT QUALIFY.... … According to the government, Nutech’s solicitation price, ***** that of Tartan’s price, Nutech’s NNMC contract and the IGE unit price, clearly exceeded the fair market value.