Case law

Wood v. United States

505 F.2d 1400 · Court of Customs and Patent Appeals · Dec 5, 1974

Furthermore, under the present law the price, in order to qualify, must be available to all purchasers. [Emphasis supplied.] … The requirements of a “sale” for purposes of sections 402(b) and 402(f) were not defined -by the appellate term, but, as previously pointed out, the legislative history clearly shows that Congress intended use of sales to

Estate of Smith v. Commissioner

79 T.C. 974 · United States Tax Court · Dec 2, 1982

This language clearly states decedent’s desire that her husband have an unlimited power to dispose of the trust principal in any way he pleased. … In addition, decedent’s failure to establish remaindermen to whom the trust principal would go if her husband died without exercising his power of appointment indicates that decedent’s testamentary intent would not be foiled

Paige v. Secretary of Health and Human Services

United States Court of Federal Claims · May 10, 2021

She was advised that if circumstances change in the future, she could reapply for any position for which she is qualified. (Id. at 9.) C. As described in testimony 1. … May 6, 1991)(stating with regard to § 300aa-13(a)(1) that “it seems obvious then that not all elements must be established by medical evidence” and that “vaccination is an event that in ordinary litigation could be established

American Bronze Corp. v. Commissioner

64 T.C. 1111 · United States Tax Court · Sep 30, 1975

Corp., 48 T.C. 483 , affd. 393 F.2d 269 (3d Cir. 1968), were clearly satisfied. Respondent concedes, however, that there was no liquidation, formal or de facto, of Cleveland Brass prior to the merger. … This distinction does not, however, suffice to establish respondent’s theory.

American Satellite Co. v. United States

37 Cont. Cas. Fed. 76,308 · United States Court of Claims · Apr 13, 1992

In any event, ASC does not contend that ASC-2 would qualify as a secondary payload within the meaning of the statute. … Clearly, the purpose of the telex was "to make generally known,” i.e., to publish, the new Shuttle policy relating to commercial payloads. .

Salz v. United States

157 Ct. Cl. 172 · United States Court of Claims · Apr 4, 1962

Paragraph 3c establishes the medical board as an instrumentality of the Army Medical Service to assist a hospital commander. … has not been established.

Talley v. Derwinski

2 Vet. App. 282 · United States Court of Appeals for Veterans Claims · Apr 6, 1992

Section 4.15 of the regulations, in establishing general policies for determining total disability ratings (for both service-connected-disability compensation and non-service-connected-disability pension purposes) establishes … If this objective standard is met, pension entitlement is established.

Acme Worldwide Enterprises, Inc. v. United States

United States Court of Federal Claims · Apr 11, 2018

The Uusi court observed that “[t]he interest of the third-party indemnitor is well established” in the Court of Federal Claims. Id. … The Uusi court declared that such indemnification obligations “clearly qualif[ied]” the subcontractor to “intervene as a matter of right.” Id. at 611-12.

NSK Ltd. v. United States

21 Ct. Int'l Trade 617 · United States Court of International Trade · Jun 17, 1997

Supp. at 421-22, where Commerce had an established practice over several reviews. … Hence, NTN’s indirect expenses at issue here would not qualify for a COS adjustment, as Torrington suggests.

Arrowhead Metals, Ltd. v. United States

33 Cont. Cas. Fed. 74,026 · United States Court of Claims · Sep 19, 1985

Such stated views clearly establish that plaintiff’s claim of bad faith on the part of Mint officials is unfounded. *713 Plaintiff makes much of the fact that the cancellation took place after the bids were opened. … Such a policy determination “is clearly in the Government’s interest.”

Cropper v. Brown

6 Vet. App. 450 · United States Court of Appeals for Veterans Claims · May 23, 1994

Thus, a claimant must establish as a threshold matter that he was discharged under conditions other than dishonorable. Id. … The Court reviews such assertions of error in fact finding under the “clearly erroneous” standard. Rogers v. Derwinski, 2 Vet.App. 419, 421 (1992). In Gilbert v.

Underwriters' Laboratories, Inc. v. Commissioner

46 B.T.A. 464 · United States Board of Tax Appeals · Feb 26, 1942

The petitioner argues that the term “charitable” clearly comprehends the establishment and maintenance of its pension and disability fund. … Furthermore, this fund was not established by petitioner. It was established by the Illinois company.

S. J. Charia & Co. v. The United States

248 F.2d 124 · Court of Customs and Patent Appeals · Jun 21, 1956

There was no vacancy on the Second Division and so far as the record discloses all three judges who had been duly assigned to the Second Division were fully qualified to hear and determine the case. … Nugent, 6 Cir., 100 F.2d 215 , cited by appellant is clearly distinguishable from the case at bar. In that case there were involved the requirements of the Tucker Act and the discussion is wholly inapplicable here.

Brandt v. United States

102 Fed. Cl. 72 · United States Court of Federal Claims · Nov 30, 2011

Plaintiffs bear the burden of establishing the court’s subject matter jurisdiction by a preponderance of the evidence. See Barrett v. Nicholson, 466 F.3d 1038, 1041 (Fed.Cir.2006) (citing, inter alia, McNutt v. Gen. … In Vero, ”[t]he court acknowledge^] that if jurisdiction is clearly not available in the first court in which a plaintiff files, then application of section 1500 by the [United States Court of Federal Claims (Court of Federal

Heartland By-Products, Inc. v. United States

223 F. Supp. 2d 1317 · United States Court of International Trade · Feb 26, 2002

Having waived sovereign immunity, the government is bound the judiciary branch’s decisions. While there are exceptions to this rule, none of them are present in this case. … The court clearly has jurisdiction over some of these entries, specifically those entered and liquidated prior to December 11, 2001.

Schlesinger v. United States

1 Ct. Cl. 16 · United States Court of Claims · Oct 15, 1863

It is clearly compulsory. … This case establishes a principle on which the former Court of Claims always stood divided.

Mussman & Shafer, Inc. v. United States

27 Cust. Ct. 28 · United States Customs Court · Jul 5, 1951

At a hearing in Philadelphia, the chemist who made the requested analysis, after being duly qualified, testified that he ascertained by the use of a chemical stain, that the sample forwarded to him was composed of mechanical … sufficient to establish prima facie that it is not.

FINNAIR FLIGHT AY103

23 I. & N. Dec. 140 · Board of Immigration Appeals · Jul 1, 2001

The director found “no persuasive weight” to the carrier’s contention that it was immune from liability because 22 C.F.R. § 41.2(j) had not been amended. … section 104(a) of the Act, 8 U.S.C. § 1104(a) (1994), which authorizes the Secretary of State to confer or impose upon any employee of the United States, with the consent of the head of the department or independent establishment

Rybak v. Commissioner

91 T.C. 524 · United States Tax Court · Sep 7, 1988

The containers qualified for an investment tax credit, and Lortin elected to pass the credit through to the lessees. … Petitioners have the burden of establishing the reasonableness of their amortization deductions. Welch v. Helvering, supra; Rule 142(a).

Myers Investigative & Security Services, Inc. v. United States

47 Fed. Cl. 605 · United States Court of Federal Claims · Sep 7, 2000

United States, 29 Fed.Cl. 506, 517 (1993) (Crown Laundry) (finding that a contract lacking a minimum quantity clause could not qualify as an indefinite quantity contract). … This 8(a) Contract may exceed this maximum dollar value established here only as permitted by the Contracting Officer and the ...